ICO The complainant requested information from Cambridge University Hospitals NHS Foundation Trust. He asked for information about patients treated who were not eligible for NHS treatment and how they were charged. The Trust responded that it considered that the exclusion found in section 12(1) of FOIA applied, because it could not obtain the information within the cost limit. The complainant complained to the Information Commissioner (‘the Commissioner’). The Commissioner’s decision is that the Trust has correctly relied on section 12(1). However, it failed to offer reasonable advice and assistance and so breached the requirements of section 16(1). The Commissioner has considered what would constitute reasonable advice and assistance and has concluded that there are only two possible options. He has elected to say what they are in this decision notice and therefore used his discretion not to order any remedial steps in this case.
Section of Act/EIR and Finding: FOI 12 – Complaint Not upheld, FOI 16 – Complaint Upheld
Citations:
[2012] UKICO FS50422703
Links:
Jurisdiction:
England and Wales
Information
Updated: 23 March 2022; Ref: scu.529166