12 June 2014, Health (NHS)
The complainant has requested the full LGSS Law report regarding the complaint raised by [named company] about the NHS Care Homes Contract for Continuing Healthcare. NHS Nene Clinical Commissioning Group (the CCG) refused to disclose the LGSS report under section 42 of the Freedom of Information Act 2000 (FOIA). The Commissioner considers that the CCG was correct to withhold the report under section 42 FOIA. As regards the attachments to the report the CCG does not consider that these would fall within the scope of the request. The Commissioner disagrees and considers that these would fall within the scope of the request but would not be exempt under section 42. The Commissioner considers that the withheld report contains some of the complainant’s own personal data which would also be exempt under section 40(1) FOIA. The Commissioner requires the public authority to disclose the seven documents attached to the LGSS report or issue a fresh refusal notice citing any exemptions it is relying on to refuse to disclose this information.
FOI 42: Partly upheld