Information Commissioner's Office

Basildon and Thurrock University Hospitals

15 July 2015, Health (Other)

On 22 February 2014, the complainant requested information from Basildon and Thurrock University Hospitals NHS Foundation Trust (‘the Trust’) about how it manages and uses the drug, Mannitol.  Correspondence with the complainant followed.  This culminated in the Trust informing the complainant that it is not obliged to comply with the request he submitted on 2 October, as it considers this request to be vexatious under section 14 of the FOIA. The Commissioner’s decision is that the request is not vexatious, under section 14(1) or a repeat request under 14(2) and therefore the Trust is incorrect not to comply with it. The Commissioner requires the public authority comply with the request of 2 October 2014 or issue a valid refusal notice, having first confirmed whether or not the complainant is satisfied that the Trust’s response of 11 April 2014 has already addressed the third element of the 2 October request. 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 14: Upheld