Information Commissioner's Office

Wirral University Teaching Hospital NHS Foundation Trust

11 August 2014, Health (NHS)

The complainant asked whether any of the Trust’s directors had been suspended pending the outcome of a disciplinary investigation and requested a copy of the reports of any such investigations. The Trust confirmed that one director had been suspended but that following the subsequent investigation no disciplinary action was taken. It refused to provide the investigation report, citing section 40(2) – third party personal data, as its basis for doing so. The Commissioner’s decision is that the Trust is entitled to withhold the information under section 40(2). The Commissioner does not require the public authority to take any further action in this matter.

FOI 40: Not upheld