Information Commissioner's Office

Wirral University Teaching Hospital NHS Foundation Trust

10 November 2016, Health (NHS)

The complainant made a request to the Trust for the full staff rota for the doctors and nurses of all levels and consultants on ward 21 for the night shift on particular dates. The Trust provided some information, it failed to provide some information which is held but in relation to which it has not applied exemptions and it has refused to disclose some information under section 40(2) FOIA. The Commissioner’s decision is that the Trust has not provided all of the information it holds relevant to the scope of this request and has incorrectly applied section 40(2) FOIA in this case. The Commissioner requires the public authority to provide all information held relevant to the scope of this request, including the names of all doctors, nurses and consultants on the rotas along with start and finish times for the night shift of Thursday 15 October 2016 and the day shift of Friday 16 October 2015.

FOI 1: Upheld FOI 40: Upheld