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) [2022] UKICO ic-147025 (26 January 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-147025.html
Cite as: [2022] UKICO ic-147025

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Department of Health and Social Care

The complainant requested information from the Department of Health and Social Care (DHSC) relating to the construction of new hospitals. By the date of this notice, the DHSC had not issued a substantive response to this request. The Commissioner considers some parts of the request to fall under the EIR, and some parts under the FOIA. The Commissioner’s decision is that the DHSC has breached regulation 5(2) of the EIR and section 10(1) of the FOIA as it failed to provide a valid response to the request within the statutory time frame of 20 working days. The Commissioner requires the DHSC to take the following step to ensure compliance with the legislation. The DHSC must provide a substantive response to the request in accordance with its obligations under the EIR and FOIA. The DHSC must take this step 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.

EIR 5(2): Complaint upheld FOI 10: Complaint upheld

Decision notice: ic-147025