Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> University Hospital of Derby and Burton NHS Foundation Trust (Health) [2023] UKICO 251488 (22 November 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/251488.html
Cite as: [2023] UKICO 251488

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University Hospital of Derby and Burton NHS Foundation Trust

The complainant has requested from University Hospitals of Derby and Burton NHS Foundation Trust (the Trust) information relating to section 47 child protection investigations. The Trust initially applied section 12 of the FOIA (cost exceeds appropriate limit) to refuse the request. However, during the course of the Commissioner’s investigation, the Trust revised its position and denied holding information within the scope of the request. The Commissioner’s decision is that the Trust has, on the balance of probabilities, failed to identify information within the scope of the request and issue an appropriate refusal notice. The Commissioner requires the Trust to Conduct a fresh search for information within the scope of the request, and issue a fresh response to the request confirming whether or not it holds the information. If the information is not held it must clearly explain why this is the case. Any information that it does identify, it must either disclose or provide an appropriate refusal notice compliant with section 17 of the FOIA.

FOI 1: Complaint upheld

Decision notice: 251488