Information Commissioner's Office

Oxford Health NHS Foundation Trust

24 May 2017, Health (NHS)

The complainant made a freedom of information request to the Oxford University Hospitals NHS Trust (“the Trust”) for the results of tests conducted on brain samples of a deceased person. The Trust refused the request under the exemptions in section 41 (information provided in confidence), section 44 (prohibitions on disclosure) and section 36(2)(c) (prejudice to the effective conduct of public affairs). The complainant also made a supplementary request and was not satisfied that the Trust had disclosed all of the information he asked for. The Commissioner’s decision is that the test results are exempt from disclosure under section 41 and that as regards the supplementary request the Trust holds no further information beyond what has already been communicated to the complainant. The Commissioner requires no steps to be taken.

FOI 1: Not upheld FOI 41: Not upheld