Derbyshire Healthcare NHS Foundation Trust

The complainant has requested copies of the statements taken as part of an internal investigation into the care of a patient being treated for mental health problems who went on to kill a member of the public. The Commissioner’s decision is that the Trust is entitled to withhold the information under section 40(2) – personal data. However by failing to cite the appropriate exemption when serving the complainant with its refusal notice the Trust breached section 17(1) of FOIA. The Commissioner does not require the public authority to take any further steps in respect of this complaint.