Information Commissioner's Office

South West Yorkshire Partnership NHS Foundation Trust

5 December 2017, Health (NHS)

The complainant has made a seven part request for information relating to Psychological Therapies and the Art Psychotherapy Service. Under section 11 of the FOIA, she expressed a preference to have the information communicated in a particular format. South West Yorkshire Partnership NHS Foundation Trust (the Trust) provided information in relation to parts 2, 3, 4 and 5 of the request but has explained that it does not hold information falling within the scope of parts 1, 6 and 7 of the request. However, the complainant considers that more information must be held in relation to all requests. The Commissioner’s decision is that the Trust has complied with its obligation under section 11 of the FOIA. The Trust has provided all the information that it holds within the scope of parts 2, 4 and 5, and has therefore complied with obligations under section 1(1) with regards to these parts of the request. The Trust holds further information within the scope of parts 1, 3, and 6 of the request that it has not provided and has therefore breached section 1(1) and section 10(1) with regards to these parts of the request. The Trust has failed to state whether or not it holds information within the scope of part 7 of the request and has therefore not complied with its obligations under section 1(1) and section 10(1) with regards to this part of the request. In relation to parts 1, 3 and 6 of the request, the Commissioner requires the Trust to provide the information in accordance with section 1(1)(b) of the FOIA or issue a valid refusal notice as set out in section 17 of the FOIA.  In relation to part 7 of the request, the Commissioner requires the Trust to issue a fresh response confirming whether or not it holds the information requested in this part of the request in accordance with section 1(1)(a) of the FOIA.

FOI 1: Upheld FOI 10: Upheld FOI 11: Not upheld