Powys Teaching Health Board
- Date 31 March 2014
- Sector Education
- Decision(s) FOI 40: Not upheld
The complainant has requested documents involving her late father and her subsequent complaint regarding his treatment, from Powys Teaching Health Board (‘the Health Board’). The Health Board provided most of the information but refused the rest by virtue of section 41 and section 40(2) of the FOIA. The Commissioner’s decision is that the Health Board correctly relied on section 40(2) of the FOIA in respect of documents 1, 11 and 254. However, the Health Board incorrectly applied section 41 of the FOIA as it should have considered this information under section 40(1) of the FOIA instead. Information Tribunal appeal EA/2014/0081 dismissed.