Information Commissioner's Office

Summary: The complainant requested the social care records of his late mother from Hampshire County Council (-�the council-�). Some information was disclosed prior to the Commissioner-�s investigation. The council relied on the exemption under section 41(1) of the Freedom of Information Act 2000 (-�the FOIA-�) in relation to the remaining information during the Commissioner-�s investigation. The Commissioner-�s decision is that the council correctly withheld the information using section 41(1) of the FOIA, apart from some information that represented the complainant-�s personal data which ought to have been considered separately in accordance with the rights of subject access provided by the Data Protection Act 1998 (-�the DPA-�). Procedurally, the Commissioner considers that the council handled the request poorly because it failed to deal with it in accordance with its obligations under the FOIA. He requires no steps to be taken. Information Tribunal appeal EA/2012/0005 struck out.
Section of Act/EIR & Finding: FOI 41 - Complaint Not upheld