Summary: The complainant requested information from the Sutton and Merton Primary Care Trust (the Trust) in relation to the particulars of GP surgeries and the Practice Managers responsible to those surgeries. The Commissioner-™s decision is that the Trust correctly applied section 21 of the FOIA to parts of the requested information but breached section 16 of the FOIA by failing to provide adequate advice and assistance. It also incorrectly applied section 41 of the FOIA to withhold information. In addition, the Commissioner considers that, on the balance of probabilities, the Trust does not hold the information requested in point 5 of the request. The Commissioner requires the public authority to disclose the information requested in parts 3, 4 and 6 of the request. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR & Finding: FOI 16 - Complaint Upheld, FOI 21 - Complaint Not upheld, FOI 41 - Complaint Upheld