Information Commissioner's Office

Summary: The complainant has requested communications between senior staff at Monitor with representatives of McKinsey and Co. and the Department of Health in relation to Regulations under section 75 of the Health and Social Care Act. Monitor confirmed that some of the requested information was held, amounting to 4 documents, all of which were being withheld on the basis of section 36(2) and, in one case, section 41 of the FOIA. The Commissioner-�s decision is that Monitor has correctly withheld the correspondence it received from the DoH under section 36(2)(b)(i), (ii) and (c) but the public interest in disclosure outweighs that in maintaining the exemptions in relation to the three -�sector reports-�. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the three sector reports dated 15 January 2013, 15 February 2013 and 20 March 2013, with appropriate redactions for personal data under section 40(2) of the FOIA.
Section of Act/EIR & Finding: FOI 36 - Complaint Not upheld