The complainant requested information about the use of the Hare PCL:SV test. Devon Partnership NHS Trust (‘the Trust’) initially refused to accept the request as being valid before later refusing the request as vexatious. The Commissioner’s decision is that the Trust has failed to demonstrate that the request was vexatious and is therefore not entitled to rely on section 14(1) of the FOIA to refuse it. She also finds that the Trust failed to respond to the request with 20 working days and thus also breached section 10 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: issue a fresh response, to the request, which does not rely on section 14(1) of the FOIA.
FOI 14: Complaint upheld FOI 10: Complaint upheld
Citations:
[2020] UKICO IC-49190
Links:
Jurisdiction:
England and Wales
Information
Updated: 14 August 2022; Ref: scu.657830