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You are here: BAILII >> Databases >> Information Commissioner's Office >> Care Quality Commission (Health) [2023] UKICO 193752 (27 January 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/193752.html
Cite as: [2023] UKICO 193752
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Care Quality Commission
The complainant has requested the Care Quality Commission (CQC) to disclose information relating to Mental Health Act complaints and an inspection of an NHS Trust’s Mental Health Services. The CQC refused to disclose the inspection information citing section 31(1)(g) by virtue of 31(2)(c) of FOIA (law enforcement), section 40, section 41 and section 44 of FOIA. For the complaints information the CQC refused to disclose on the basis of the same exemptions. The Commissioner’s decision is that the CQC is entitled to refuse to disclose the inspection information in accordance with section 31(1)(g), by virtue of 31(2)(c) of FOIA and for the complaints information the CQC is entitled to refuse the request on the basis of section 40(2). The CQC however breached section 10 of FOIA by failing to respond to the complainant’s request within 20 working days of receipt.FOI 31: Complaint not upheld FOI 10: Complaint upheld FOI 40: Complaint not upheld
Decision notice: 193752