NHS Commissioning Board

The complainant has requested copies of all the email messages and reports sent or received by Sir Bruce Keogh in connection with the Leeds Teaching Hospitals NHS Trust from 1 March 2013 to the date of the request. NHS England provided the complainant with the information requested but made redactions under section 22, 31(1)(a) with subsection (2)(d), 38, 40(2), 41 and section 43(2) FOIA. It said that some of the information within the emails and correspondence fell outside the scope of the request and this had not therefore been provided. During the course of the Commissioner’s investigation NHS England withdrew its application of section 22 FOIA as the information withheld under this exemption was published and it also withdrew its application of section 38 and section 43(2) FOIA. It also removed some of the redactions originally made under section 40(2) FOIA. It provided the complainant with the information it had originally deemed outside the scope of the request. It did however make some redactions under section 40(2) FOIA to this information. The Commissioner considers that some of the redactions made under section 40(2) FOIA to the information that the Commissioner considers is within the scope of the request should have been made under section 40(1) FOIA. He considers that NHS England was correct to apply section 40(2) and section 41 FOIA to make the remaining redactions other than two emails (numbered 76 and 77). He also considers that NHS England incorrectly applied section 31(1)(g) with subsection (2)(d) FOIA, however section 40(2) FOIA is applicable to this information. As NHS England did not provide the information which could be disclosed with 20 working days of the request being made, it breached section 10 FOIA in relation to its handling of this request. The Commissioner requires the public authority to disclose emails 76 and 77. The Commissioner requires the public authority to take no steps following his decision.