The complainant submitted to Rotherham, Doncaster and South Humber NHS Foundation Trust a 110 part request for information relating to electroconvulsive therapy (ECT), serious incidents, restraints, seclusion and medication errors. The Trust refused to comply with the requests as it said it would exceed the cost limit under section 12(1) FOIA to do so. The Commissioner’s decision is that the Trust was correct to apply section 12(1) of FOIA and that it was not therefore obliged to comply with the requests. The Commissioner also considers that the Trust provided the complainant with advice and assistance in accordance with its obligations under section 16 of FOIA. However, in issuing its refusal notice outside the statutory time limit the Trust breached section 17(5) of FOIA. The Commissioner does not require the Trust to take any step as a result of this decision notice.
FOI 17: Complaint upheld FOI 16: Complaint not upheld FOI 12: Complaint not upheld
Citations:
[2021] UKICO IC-55621
Links:
Jurisdiction:
England and Wales
Information
Updated: 26 October 2022; Ref: scu.659846