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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Health and Social Care (Central government) [2022] UKICO ic-138390 (4 April 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-138390.html
Cite as: [2022] UKICO ic-138390
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Department of Health and Social Care
The complainant has requested information relating to high priority lane procurement during the COVID-19 pandemic. DHSC refused to provide some of the requested information under section 21 FOIA (information reasonably accessible). DHSC initially withheld the information requested in relation to successful and unsuccessful bidders under section 43(2) FOIA. It subsequently withdrew its application of section 43(2) to information relating to successful bidders and confirmed that this information would be published. Information in relation to successful bidders has now been published. Information in relation to unsuccessful bidders remains withheld under section 43(2) FOIA. Finally it refused to comply with the part of the request for names of leads for unsuccessful suppliers under section 12 FOIA as it would exceed the cost limit to do so. The Commissioner’s decision is that section 43(2) FOIA was applied correctly to the withheld information relating to unsuccessful applicants. DHSC was also correct to refuse to comply with the part of the request for names of leads for unsuccessful suppliers under section 12 FOIA. DHSC however failed to comply with section 16 FOIA in the provision of advice and assistance. The Commissioner requires the public authority to provide advice and assistance under section 16 FOIA as to how the request could practically be refined to fall within the cost limit or explain that it would not be possible to provide advice and assistance to refine the part of the request to which section 12 FOIA is applicable.FOI 43: Complaint not upheld FOI 16: Complaint upheld FOI 12: Complaint not upheld
Decision notice: ic-138390