Summary: The complainant requested the NHS Commissioning Board (referred to as -˜the public authority-™ throughout this notice) to disclose the papers presented to the board meeting of 14 December 2012 and the minutes recorded. The public authority refused to disclose this information, citing section 36(2)(b) of the FOIA. The Commissioner has reviewed the withheld information and considered the public authority-™s application of section 36(2)(b) of the FOIA. He has concluded that section 36(2)(b) of the FOIA is engaged in this case. However, he is of the view that the public interest in maintaining this exemption is outweighed by the public interest in disclosure. He therefore requires the public authority to take further action as follows: The public authority should disclose the papers submitted to the board meeting of 14 December 2012 and the minutes recorded of that meeting (labelled Appendix F and G in its response to the Commissioner dated 29 August 2013).
Section of Act/EIR & Finding: FOI 36 - Complaint Upheld