Information Commissioner's Office

Summary: The complainant requested that Cumbria Partnership NHS Foundation Trust (-�the Trust-�) disclose the number of dental procedures which had been postponed or cancelled between 27 April 2010 and 27 April 2011. The Trust provided the figure for the total number of cancellations by patients and by the Trust combined. The complainant contended that her request was for the number of cancellations by the Trust alone. The Information Commissioner-�s decision is that, given the context of the request, the complainant-�s intended interpretation of the request was an alternative objective reading of it. By not providing the information, or a valid refusal notice relating to that alternative reading of the request, the Trust breached section 1 of the FOIA. The Information Commissioner (-�the Commissioner-�) understands that the Trust has now provided the complainant with the figure for the number of dental procedures it cancelled in the relevant period. He has therefore not required the Trust to take any further steps to ensure compliance with the FOIA.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld