Information Commissioner's Office

Cambridgeshire and Peterborough NHS Foundation Trust

15 September 2014, Health (NHS)

The complainant has requested information relating to the provision of NHS Continuing Healthcare. The eleven part request included information about regarding two named individuals and whether they had the necessary training to fulfil their roles in deciding which patients were eligible for Continuing Healthcare. The Clinical Commissioning Group (CCG) responded to the request but failed to do so within 20 working days. It provided information answering many elements of the request. However it initially refused to provide information on the training of two named individuals as it believed the information was exempt under section 40(2), the exemption relating to third party personal data. During investigation the CCG informed the Commissioner that it had reconsidered its position and no longer wished to rely on section 40(2). It was now prepared to disclose the information. The Commissioner’s decision is that the CCG breached section 10 by failing to respond to the request within the 20 working days required. As the CCG has not yet provided the information originally withheld under section 40(2), it has breached section 1)1)b) in respect of that element of the request. The Commissioner requires the public authority to communicate the information relating to the training of the two named individuals. 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

FOI 1: Upheld FOI 10: Upheld