Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Health and Social Care (Central government) [2021] UKICO ic-78054 (26 October 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-78054.html
Cite as: [2021] UKICO ic-78054

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Department of Health and Social Care

The complainant has requested information relating to Equality Impact Assessments carried out before the introduction of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, and each amendment to those Regulations. The Commissioner’s decision is that Department of Health and Social Care (DHSC) is not entitled to rely on section 35(1)(a) - formulation or development of government policy, to withhold the requested information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the Equality Impact Assessments conducted prior to the introduction of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, and each amendment to those Regulations. Provide the Equality Impact Assessments conducted ahead of the introduction of the Coronavirus Act on 25 March 2020. Any other documentation demonstrating that compliance with the public sector equality duty under Section 149 of the Equality Act 2010 was considered regarding the above-mentioned Regulations and amendments to the Regulations and the Coronavirus Act on 25 March 2020. 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 35: Complaint upheld

Decision notice: ic-78054