Information Commissioner's Office

Berkshire Healthcare NHS Foundation Trust

2 November 2015, Health (NHS)

The complainant has requested information relating to a particular recruitment process undertaken by the Trust. The Trust said that some of the requested information was in the public domain, it said that some information was exempt under section 40(1) FOIA and some was exempt under section 40(2) FOIA. The Commissioner’s decision is that the Trust has correctly applied section 40(1) and 40(2) FOIA to the withheld information. The Commissioner does not consider that the Trust has made it clear as to whether or not the information which the Trust said was in the public domain is still in the public domain. It has not provided any links to this information or explained where it can be accessed. As no exemptions have been applied to this information, the Commissioner considers that it should be provided to the complainant. The Commissioner requires the Trust to provide the complainant with a copy of the advertisement, job description and person specification to the complainant which it has said was 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 40: Not upheld