Information Commissioner's Office

Department of Health

23 May 2016, Central government

The complainant has requested information on who advised the Health Secretary about a report published in the British Medical Journal on the increased mortality associated with weekend hospital admissions. The Department of Health (DoH) withheld the information under sections 35(1)(a) – information relating to the formulation of government policy, and 35(1)(d) – information relating to the administration of a ministerial private office. The Commissioner’s decision is that although section 35(1)(a) is engaged, the public interest in maintaining it does not outweigh the public interest in disclosure. The Commissioner finds that the exemption provided by section 35(1)(d) is not engaged. The Commissioner requires the public authority communicate the requested information to the complainant. This decision notice is currently under appeal to the Tribunal.

FOI 35: Upheld