British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> University Hospital of Derby and Burton NHS Foundation Trust (Health) [2023] UKICO 247570 (25 September 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/247570.html
Cite as: [2023] UKICO 247570
[New search] [Printable PDF version] [Help]
University Hospital of Derby and Burton NHS Foundation Trust
The complainant has requested details of reviews carried out into maternity incidents. The above public authority (“the public authority”) relied on section 21 of FOIA (reasonably accessible) to withhold most of the information and section 40(2) of FOIA (third party personal data) to withhold the remainder. The Commissioner’s decision is that the public authority has: failed to comply with its duty under section 1(1) of FOIA in respect of part [1] of the request as it failed to identify all the information in scope or communicate it to the complainant; and correctly relied on section 21 of FOIA to withhold the information within the scope of parts [2] and [4] of the request and holds no further information within the scope of these parts; and correctly relied on section 40(2) of FOIA to withhold most of the information within the scope of part [3] of the request; and did not rely on section 41(1) of FOIA to withhold information relating to individuals who are deceased. The Commissioner has applied this exemption himself proactively; and failed to recognise that some of the information would not fall within the scope of either section 40(2) or 41(1) of FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: either provide the complainant with the number of individual investigations carried out during the period stated in the request, or issue a refusal notice citing a valid exemption from the duty to disclose this information; for each report falling within the scope of part [3], disclose the sub-section titled “safety recommendations; disclose one copy of the standard text contained in sections 1 and 2 of the investigation reports.FOI 21: Complaint not upheld FOI 40: Complaint partly upheld FOI 41: Complaint partly upheld FOI 1: Complaint partly upheld
Decision notice: 247570