Information Commissioner's Office

Summary: The complainant made a request to NHS North of Tyne (NHS NoT) under the Freedom of Information Act 2000 (FOIA) for information surrounding an orthodontic procurement process which took place in 2009. NHS NoT provided the complainant with some of the requested information; however it withheld some information under section 43(2), section 41 and section 40(2) of FOIA. The Commissioner considers that in relation to the information requested at point 2 of the request, NHS NoT incorrectly applied section 41 and section 43(2) to withhold this information. However where the names and business addresses of the unsuccessful bidders appear within the information this should be redacted under section 40(2) of FOIA. In relation to points 3, 4 and 6 of the request, NHS NoT correctly applied section 43(2) to withhold this information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. To disclose the information requested at point 2 of the request with redactions made to the names and business addresses of the unsuccessful bidders. Information Tribunal appeal number EA/2011/0276 has been disposed of by way of a consent order.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld, FOI 41 - Complaint Partly Upheld, FOI 43 - Complaint Partly Upheld