Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Royal Free London NHS Foundation Trust (Health) [2019] UKICO fs50774281 (24 July 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50774281.html
Cite as: [2019] UKICO fs50774281

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Royal Free London NHS Foundation Trust

The complainant requested information from the Royal Free London NHS Foundation Trust (“the Trust”) about the creation of a wholly-owned subsidiary property service company. The Trust disclosed some correspondence to the complainant. It withheld some correspondence as being out of scope of the request, and it withheld some correspondence under section 36(2) – prejudicial to the effective conduct of public affairs. The Trust also disclosed some reports and minutes to the complainant, but withheld some information under section 43(2) – prejudicial to commercial interests. The Commissioner’s decision is that the Trust correctly withheld some correspondence as being out of scope of the request, and correctly withheld some correspondence under section 36(2). The Commissioner has also determined that the Trust correctly withheld some reports and minutes under section 43(2). However, the Trust failed to consider email attachments for disclosure as part of the bundle of correspondence, thereby breaching the requirements of section 1(1) of the FOIA. The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: issue a response to the complainant in respect of any attachments to the correspondence in the emails bundle (as explained in this notice) which complies with the procedural sections of the FOIA. Information Tribunal appeal EA/2019/0290 under appeal.

FOI 43(2): Complaint not upheld FOI 1(1): Complaint upheld FOI 36: Complaint not upheld

Decision notice: fs50774281