12 July 2016, Education (Other)
The complainant has requested access to the external investigation into Brecon Hospital in 2015 from Powys Teaching Health Board (‘the Health Board’). The Health Board refused the request citing section 31(1) and section 40(2) of the FOIA. The Commissioner’s decision is that the Health Board correctly relied on section 40(2), for most of the withheld information, and correctly relied on section 21 in respect of information relating to the complainant’s late father. However the Heath Board should have relied on section 41 in respect of this information in respect of the other deceased patient. Other than disclosing the screen print of Brecon Police Station website, the Commissioner does not require the public authority to take any steps.
FOI 21: Not upheld FOI 40: Not upheld FOI 41: Not upheld