Information Commissioner's Office

Birmingham University Hospitals NHS Trust

28 July 2015, Health (NHS)

The complainant made a freedom of information request to the Birmingham University Hospitals NHS Trust (“the Trust”) for details of medical Handover. The Trust failed to respond to the request. The Commissioner’s decision is that the Trust has breached section 10(1) of FOIA by failing to respond to the request within 20 working days. The Commissioner requires the public authority to inform the complainant whether the requested information is held. If the information is held it should provide it to the complainant or else issue a refusal notice in accordance with section 17 of FOIA. 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.

FOI 10: Upheld