NHS Resolution (Health): ICO 28 Feb 2020

The complainant has requested information on the volume of cases submitted to NHS Resolution’s Practitioner Performance Advice Service in connection to the Royal Berkshire Hospital NHS Foundation Trust. NHS Resolution (NHSR) says it does not hold information falling within the scope of two parts of the request. It has released some relevant information and is withholding information that falls within one part of the request under section 36(2)(b)(i) and section 36(2)(c) (prejudice to effective conduct of public affairs). It considers the public interest favours maintaining these exemptions. NHSR considers that this information also engages the exemption under section 40(2) of the FOIA (third person personal data). The complainant disputes that the information is exempt from disclosure. The Commissioner’s decision is as follows: The information requested in part 1 of the complainant’s request is exempt from disclosure under section 36(2)(b)(i) and section 36(2)(c) of the FOIA and the public interest favours maintaining these exemptions. The information is also exempt information under section 40(2). NHSR breached section 10(1) and section 17(1) of the FOIA as it did not communicate the relevant information it holds or issue a refusal notice in respect of other relevant information within 20 working days. The Commissioner does not require NHSR to take any remedial steps.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 40: Complaint not upheld FOI 36: Complaint not upheld

[2020] UKICO fs50873968
England and Wales


Updated: 20 November 2021; Ref: scu.651433