Information Commissioner's Office

North West Anglia NHS Foundation Trust

18 December 2017, Health (NHS)

The complainant has requested information relating to a serious incident investigation. The Commissioner’s decision is that North West Anglia NHS Foundation Trust (formerly Peterborough & Stamford NHS Trust) (the trust) has correctly applied section 40(2) personal data to part of the withheld information. The Commissioner also finds that the trust has correctly applied section 42(1) (legal professional privilege) to the majority of the remaining withheld information. However, she has concluded that section 42(1) does not apply to all the withheld information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the information listed in the confidential annex schedule. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40: Not upheld FOI 42: Partly upheld