3 November 2015, Health (NHS)
The complainant has requested records relating to a complaint he has against Torbay Hospital, now called Torbay and South Devon NHS Foundation Trust (‘the Trust’) following reorganisation. The Trust is withholding the information that it holds because it says it is exempt from disclosure under section 42(1) of the FOIA (legal professional privilege). The Commissioner’s decision is that the Trust has correctly applied section 42(1) to the information it is withholding and that the public interest favours maintaining the exemption. He does not require the Trust to take any steps.
FOI 42: Not upheld