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Department of Health and Social Care (Central government) [2022] UKICO 157300 (28 November 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/157300.html
Cite as:
[2022] UKICO 157300
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Department of Health and Social Care
The complainant has requested ministerial correspondence with Steve Brine MP about particular companies and information associated with any meetings with Steve Brine MP about those same companies. The final position of the Department of Health and Social Care (DHSC) is to refuse the request under section 12(2) of FOIA, which concerns the cost of complying with section 1(1)(a).The Commissioner’s decision is as follows: DHSC is not entitled to rely on section 12(2) of FOIA to refuse the request but is entitled to rely on section 12(1). DHSC failed to comply adequately with its duty under section 16(1) of FOIA to provide advice and assistance to the complainant. The Commissioner requires DHSC to take the following step to ensure compliance with the legislation: DHSC should provide the complainant with reasonable assistance to see if the request can be refined so that it remains meaningful for the complainant but can be complied with within the appropriate limit.
FOI 12:
Complaint not upheld
FOI 16:
Complaint upheld
Decision notice:
157300