Information Commissioner's Office

South West Partnership NHS Foundation Trust

22 June 2017, Health (NHS)

In four requests, the complainant has requested information concerning the closure of an art psychotherapy service waiting list.  South West Partnership NHS Foundation Trust (‘the Trust’) said that the information requested in requests 1 and 4 is not held and that information it holds falling within the scope of requests 2 and 3 was the personal data of third persons and exempt under section 40(2) of the FOIA. The Trust subsequently withdrew its reliance on section 40(2) and released a small amount of information it holds that is relevant to requests 2 and 3. The Commissioner’s decision is that, on the balance of probabilities, the Trust: does not hold information relevant to requests 1 and 4; holds no further information relevant to requests 2 and 3; and has now fully complied with section 1(1) of the FOIA. The Commissioner has also decided that the Trust breached section 10(1) with regard to requests 2 and 3 because it did not communicate the relevant information it holds to the complainant within 20 working days. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.

FOI 1: Not upheld FOI 10: Upheld