Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Sandwell and West Birmingham Hospitals NHS Trust (Health) [2024] UKICO 268102 (30 January 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/268102.html
Cite as: [2024] UKICO 268102

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Sandwell and West Birmingham Hospitals NHS Trust

The complainant requested information from Sandwell and West Birmingham Hospitals NHS Foundation Trust (‘the Trust’), relating to injury allowance claims, particularly those relating to work related stress. The Trust refused to comply with the requests citing section 12 of FOIA (cost limit). The Commissioner’s decision is that the Trust was entitled to refuse to comply with the requests in accordance with section 12(1) of FOIA. However, the Commissioner also finds that the Trust failed to comply with its obligations under section 16 to offer advice and assistance. The Trust also breached section 17(1) as it didn’t provide a refusal notice within the statutory time frame. The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: Either provide the complainant with advice and assistance to help them submit a refined request or explain to them why it would not be reasonable in the circumstances to do so. The Trust 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 FOIA and may be dealt with as a contempt of court.

FOI 17: Complaint upheld FOI 16: Complaint upheld FOI 12: Complaint not upheld

Decision notice: 268102