Information Commissioner's Office

Wye Valley NHS Trust

17 September 2014, Local government (Borough council)

The complainant has requested information relating to an adjudication process. Wye Valley NHS Trust (the Trust) provided the complainant with some information, it withheld some information under section 32 and section 43(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that the Trust incorrectly applied section 32 FOIA to the withheld information but correctly applied section 43(2) FOIA to documents 28 and 40. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the withheld information other than documents 28 and 40. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal EA/2014/0258 withdrawn.

FOI 32: Partly upheld FOI 43: Partly upheld