ICO The complainant made a freedom of information request to the Department of Health for a copy of risk registers or risk assessments related to government plans regarding the modernisation of the NHS and the Health and Social Care Bill. The Department of Health refused the request under section 35(1)(a) of the Act (formulation of government policy). The Commissioner has now investigated the complaint and found that section 35(1)(a) is engaged but that the public interest in maintaining the exemption does not outweigh the public interest in disclosure. The Commissioner requires the public authority to disclose this information. The Commissioner also found that in its handling of the request the public authority breached section 17(1) of the Act (Refusal of a request). Information Tribunal appeal number EA/2011/0287 part allowed.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 35 – Complaint Upheld
[2011] UKICO FS50390786
Bailii
Freedom of Information Act 2000
England and Wales
Information
Updated: 12 December 2021; Ref: scu.531066