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Manchester University NHS Foundation Trust (Health) [2022] UKICO 186762 (25 November 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/186762.html
Cite as:
[2022] UKICO 186762
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Manchester University NHS Foundation Trust
The complainant has requested information relating to the sale of a decommissioned hospital site. The Trust withheld information under section 43(2) (commercial interests) of FOIA. It also confirmed that it held no further information relevant to the request. The Commissioner’s decision is as follows: The Trust should have handled the request under the Environmental Information Regulations (‘the EIR’) and therefore breached regulation 14(3) as it incorrectly issued its refusal under FOIA and not the EIR. The withheld information engages regulation 12(5)(e) (commercial or industrial information) and the public interest favours maintaining the exception. On the balance of probabilities, the Trust holds no further information relevant to the request. The Commissioner does not require the public authority to take any steps.
EIR 14(3):
Complaint not upheld
EIR 12(5)(e):
Complaint upheld
Decision notice:
186762