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You are here: BAILII >> Databases >> Information Commissioner's Office >> Herefordshire Council (Local government) [2021] UKICO IC-51462 (19 May 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-51462.html
Cite as: [2021] UKICO IC-51462
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Herefordshire Council
The complainant has requested information held by Herefordshire Council (the council) about various matters relating to the COVID-19 pandemic. The council provided the complainant with a response to parts 3 and 4 of his request. However, it advised that it was refusing to provide information relevant to part 1 of the request, which asked for the names of care, and nursing, homes based within Herefordshire which had reported suspected, or confirmed, cases of COVID-19, citing the exemptions at section 38(1) and 43(2) of the FOIA. It also confirmed that it was refusing to comply with part 2 of the request, which was for the same information but in relation to care homes used by the council within the county of Worcestershire, on the same basis. During the course of the Commissioner’s investigation, the council then confirmed that it did not hold any information that was relevant to part 2 of the request. In addition, it advised that it now regarded section 40(2) to also be applicable to the information it had withheld in response to part 1 of the request. It is the Commissioner’s decision that the council is entitled to rely on section 38(1) of the FOIA in respect of all that information which it holds that is relevant to part 1 of the complainant’s request. The Commissioner does not require the council to take any steps as a result of this decision notice.FOI 38: Complaint not upheld
Decision notice: IC-51462