Information Commissioner's Office

Surrey and Sussex Healthcare NHS Trust

12 August 2015, Health (NHS)

The complainant has requested a copy of the review or investigation report in relation to a named consultant.  The Trust refused to provide the requested information under section 21, section 36(2)(b)(ii), section 36(2)(c), section 41 and section 40(2) FOIA. The Commissioner’s decision is that the Trust has correctly applied section 36(2)(b)(ii) and section 36(2)(c) FOIA to the withheld information. The Commissioner requires the public authority to disclose Appendix 16 and 19 to the ‘HR Report’ as no exemptions have been applied to his information. Provide the complainant with a link to Appendix 17 which the Trust has confirmed is already in the public domain. 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 36: Not upheld