Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> NHS England (Health) [2019] UKICO fs50807287 (26 November 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50807287.html
Cite as: [2019] UKICO fs50807287

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NHS England

The complainant has requested NHS England to disclose information relating to an investigation about the treatment of black and ethnic minority staff at NHS North East London Commissioning Support Unit (NEL CSU) commissioned in August 2016. A small amount of information was initially disclosed but the remainder (with the exception of question 5 and 7) was withheld under sections 21, 31, 40(2) and 43 of the FOIA. In relation to question 5 and 7 of the request, NHS England initially refused to confirm or deny the information is held citing section 40(5)(b)(i). During the Commissioner’s investigation all elements of the request were resolved except questions 5 and 7. In relation to questions 5 and 7 NHS England revised its position, withdrew the application of section 40(5)(b)(i) and disclosed the recorded information it holds. The complainant then disputed that he had received all the recorded information that is held. This then became the focus of the Commissioner’s investigation. The Commissioner’s decision is that on the balance of probabilities NHS England has disclosed all the recorded information it holds falling within the scope of questions 5 and 7. She therefore does not require any further action to be taken. She has however noted that NHS England failed to respond to the request within 20 working days of receipt and therefore breached section 10 of the FOIA.

FOI 10: Complaint upheld FOI 1: Complaint not upheld

Decision notice: fs50807287