The complainant has requested information relating to the experiences black and ethnic minority individuals face as a result of being in environments or being brought up or living in areas where mostly everyone is white. Initially, NHS England advised the complainant that it does not hold any recorded information. However, during the Commissioner’s investigation it accepted that it does hold recorded information of the nature specified in the request but considers the cost to comply would exceed the appropriate limit and therefore section 12 of the FOIA applies. The Commissioner’s decision is that NHS England is entitled to rely on section 12 of the FOIA in this case. She has however found NHS England in breach of section 1(1)(a), 10, 17(5) of the FOIA. She has also found NHS England in breach of section 16. This is because it claimed a later reliance on section 12, section 12 triggers a duty to provide advice and assistance and to date NHS England has not complied with this requirement. NHS England is required to provide advice and assistance to the complainant so far as it is reasonable to do so in accordance with its obligations under section 16 of the FOIA.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 1: Complaint upheld FOI 12: Complaint not upheld
Citations:
[2019] UKICO fs50819542
Links:
Jurisdiction:
England and Wales
Information
Updated: 05 December 2022; Ref: scu.643503