ICO On 27 September 2009, the complainant requested that NHS Cambridgeshire should provide her with all the information that it held in relation to her deceased mother. NHS Cambridgeshire . . informed the complainant that it held a care file which was exempt from disclosure under section 41 of the Freedom of Information Act 2000. At that time Cambridgeshire Community Services was a provider arm of NHS Cambridgeshire but in April 2010, CCS became a standalone trust. It held the file and therefore responded to the complainant on its own behalf. The complainant argued that the information should have been refused under section 21 of the Act as she believes she should have access to the information under the Access to Health Records Act 1990. The Commissioner finds NHS Cambridgeshire was correct to apply section 41(1). Information Tribunal appeal number EA/2011/0209 dismissed.
Section of Act/EIR and Finding: FOI 41 – Complaint Not upheld
Citations:
[2011] UKICO FS50328160
Links:
Statutes:
Freedom of Information Act 2000 41
Jurisdiction:
England and Wales
Information
Updated: 28 September 2022; Ref: scu.530770