The complainant requested the disclosure of enforcement decisions made by the Care Quality Commission against all the organisations regulated by it. The CQC confirmed it held the relevant information but refused to comply with the request on the basis that to do so would exceed the appropriate cost limit (section 12(1)). The Commissioner has found that the CQC was correct to apply section 12(1) to the request. However, the Commissioner has found that the CQC failed to provide adequate advice and assistance under section 16(1) of the FOIA. The Commissioner requires the CQC to take the following steps to ensure compliance with the legislation: provide advice and assistance to the complainant so far as it is reasonable to do so.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 16 – Complaint Upheld
Citations:
[2011] UKICO FS50393575
Links:
Jurisdiction:
England and Wales
Information
Updated: 13 May 2022; Ref: scu.530938