Information Commissioner's Office

Dorset County Hospital NHS Foundation Trust

1 July 2015, Health (NHS)

The complainant made a request to the Dorset County Hospital NHS Foundation Trust (“the Trust”) for information related to a tender concerning the Trust’s Pathology Service. The Trust disclosed some of the requested information but other information was withheld under the section 42 (legal professional privilege), section 43(2) (commercial interests) and section 36(2)(b)(i) and (ii) (free and frank exchange of views/provision of advice) exemptions. The Commissioner’s decision is that the section 36(2)(b)(i) and (ii), and section 42 exemptions were correctly applied and the public interest in maintaining the exemption outweighed the public interest in disclosure. However the Commissioner also found that for a small amount of redacted information and where section 43(2) was the only exemption that was applied, the exemption was not engaged. The Commissioner requires the public authority to provide the complainant with copies of the minutes and agendas falling within the scope of part 6 of the request with the information previously redacted under section 43(2) disclosed. 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 (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

FOI 36: Not upheld FOI 42: Not upheld FOI 43: Upheld