Information Commissioner's Office

Camden and Islington NHS Foundation Trust

11 May 2015, Health (NHS)

The complainant has requested information about clusters of deaths referred to in a particular Care Quality Commission report.  Camden and Islington Foundation Trust (‘the Trust’) initially refused to disclose the information which it said was exempt under section 40(2) (third person personal data) and section 41(information provided in confidence).  During the Commissioner’s investigation however, the Trust withdrew its reliance on sections 40 and 41 and now says that it is not obliged to comply with the request under section 14(1), as the request is vexatious. The Commissioner’s decision is that the request is not vexatious.  The Commissioner requires the Trust to issue the complainant with a fresh response without relying on section 14 and clearly identifying any information that it wishes to exempt. 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. The Commissioner also finds that the Trust breached section 10 (time for compliance) because it did not provide a response within 20 working days but met its obligations under section 16 (advice and assistance).

FOI 14: Upheld