Information Commissioner's Office

University Hospitals of Morecambe Bay NHS Foundation Trust

5 May 2015, Health (NHS)

The complainant requested information about communications between 3 UHMB directors and Monitor and the Care Quality Commission in 2010. The University Hospitals of Morecambe Bay NHS Foundation Trust (UHMB) stated that to carry out an electronic search would breach the cost limits set by section 12(1) of the Freedom of Information Act 2000 (“the FOIA”).  The Commissioner’s decision is that UHMB incorrectly applied section 12(1) and found a breach of sections 10(1) and 16(1). The Commissioner requires the public authority to issue a fresh response to the complainant that does not rely on section 12 as its basis for refusing to provide the requested information. 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.   This decision notice is currently under appeal to the Tribunal.

FOI 10: Upheld FOI 12: Upheld FOI 16: Upheld