Summary: The complainants have requested information from the Nursing and Midwifery Council (-the NMC-) which, if held, would have included details as to the identity of witnesses who provided information to the NMC during its investigation of a fitness to practice complaint and a copy of all case material. The NMC refused to confirm or deny whether or not the requested information was held under section 40(5) of the Freedom of Information Act 2000 (FOIA). The Commissioner-s decision is that the NMC was correct to neither confirm nor deny whether the requested information was held under section 40(5) of the FOIA. He therefore requires no steps to be taken.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld