Falconer v Common Services Agency for The Scottish Health Service: SIC 22 Jul 2008

Report produced by NHS Counter Fraud Services – Mr John Falconer (Mr Falconer) requested a copy of a report prepared by NHS Scotland Counter Fraud Services (CFS) into NHS Lothian’s Laboratory Van Service from the Common Services Agency for the Scottish Health Service (the CSA). The CFS is part of the CSA. The CSA refused to provide the report on the basis that it was exempt under section 34 (Investigations by Scottish public authorities and proceedings arising out of such investigations) and section 35 (Law enforcement) of the Freedom of Information (Scotland) Act 2002.
Following an investigation, the Commissioner found that the CSA had been entitled to withhold the report on the basis that its disclosure would, or would be likely to, prejudice substantially its statutory function in relation to the prevention and detection of fraud and other irregularities within the NHS.

Citations:

[2008] ScotIC 084 – 2008

Links:

Bailii

Scotland, Information

Updated: 08 September 2022; Ref: scu.434184