Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> NHS England (Health) [2022] UKICO 146236 (5 December 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/146236.html
Cite as: [2022] UKICO 146236

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NHS England

The complainant has requested financial information about the provision of additional healthcare capacity by two private hospitals. Some information within scope of the request has now been published. NHS England has disclosed other information and is withholding the remainder under sections 31, 41 and 43 of FOIA. These concern law enforcement, information provided in confidence and commercial interests respectively. The Commissioner’s decision is as follows: NHS England is entitled to withhold entire copies of the actual invoices it holds under section 31(1) of FOIA and the public interest favours maintaining the exemption in that respect. However it would be possible to disclose a little of the information in each of the invoices – as presented in each invoice - without the risk of potential fraud occurring. Section 31(1) is not engaged in respect of that specific information. NHS England is entitled to withhold the validation reports under section 43(2) and the public interest favours maintaining this exemption. NHS England breached section 10(1) and section 17(1) as it did not communicate the information it held to the complainant, or issue a refusal notice in respect of exempt information, within the required timescale of 20 working days following the date of receipt of the request. The Commissioner requires NHS England to take the following step to ensure compliance with the legislation: Disclose the ‘Line 1’ information in the requested invoices as this information is presented in those invoices, and as discussed in paragraphs 17-21 of this notice.

FOI 17: Complaint upheld FOI 31: Complaint partly upheld FOI 10: Complaint upheld FOI 43: Complaint not upheld

Decision notice: 146236