Nursing and Midwifery Council

The complainant requested information from the Nursing and Midwifery Council (the NMC) in relation to an investigation into the fitness to practice of a named midwife. The Commissioner’s decision is that the NMC breached section 17 of the FOIA by not informing the complainant within the statutory time for compliance of its reliance on section 40(5) of the FOIA, to neither confirm nor deny whether information was held. However, he does not require the NMC to take any further action.