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University Hospitals Bristol and Weston NHS Foundation Trust (Health) [2025] UKICO 335799 (14 February 2025)
URL: http://www.bailii.org/uk/cases/UKICO/2025/335799.html
Cite as:
[2025] UKICO 335799
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Link to IOC for full Decision notice pdf file: Department of Health and Social Care
17 February 2025, Central government
The complainant has requested from the Department of Health and Social Care (DHSC) information related to care providers that had had their sponsorship licences revoked or suspended by the Home Office. The DHSC refused to provide this information citing section 21 of FOIA (information accessible to the applicant by other means), section 31(1) (law enforcement), section 40(2) (personal information) and section 43(2) (commercial interests). It later withdrew section 21 and provided some information without identifying sponsors making section 40(2) no longer relevant. The Commissioner's decision is that the DHSC has correctly cited sections 31(1) and 43(2) of FOIA and that the public interest favours non-disclosure. The Commissioner does not require further steps.
- FOI 31(1):Not upheld
- FOI 43(2):Not upheld
University Hospitals Bristol and Weston NHS Foundation Trust (Health) [2025] UKICO 335799 (14 February 2025)
The Commissioner's decision is that the information about disciplinary cases requested in three parts of the complainant's request is exempt information under section 40(2) of FOIA. That information can be categorised as personal data and it would be unlawful to disclose it. University Hospitals Bristol and Weston NHS Foundation Trust ('the Trust') breached sections 1(1) and 10(1) of FOIA in respect of the remaining three parts of the request. The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: Provide the complainant with a fresh response to parts 4, 5 and 6 of their request that doesn't rely on section 40(2) of FOIA.
- FOI 1(1):Upheld
- FOI 10(1):Upheld
- FOI 40(2):Not upheld