Summary: The complainant requested information relating to a complaint made against a health professional. Specifically, he asked for a copy of the health professional-™s response in regard to the complaint. The public authority refused to disclose this information under sections 30, 31, 40 and 41 of the Act. After investigating the case the Commissioner decided that section 40(5)(b)(i) applied, and the public authority was therefore excluded from its duty to confirm or deny whether the information was held. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal number EA/2011/0223 dismissed.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld