Department of Health

The complainant has requested information about organisations that handle complaints about former Primary Care Trusts generally and one Primary Care Trust in particular.  The initial position of the Department of Health (DH) was that it did not hold the requested information.  During the Commissioner’s investigation, DH reconsidered its position, under the FOIA.   It now refuses to comply with the first of the complainant’s requests under section 14(1) of the FOIA (vexatious requests) and has released information it holds falling within the scope of the second request. With regard to DH’s response of 20 April 2017, the Commissioner’s decision is as follows: DH has complied with its obligations under section 1(1)(a) and section 1(1)(b) with regard to request 2 – it has confirmed it holds the requested information and has communicated it to the complainant. With regard to request 2, DH breached section 10(1) because it did not comply with section 1(1) within 20 working days. DH is entitled to rely on a claim that section 14(1) applies to request 1, and is therefore not obliged to comply with this request. DH breached section 17(5) with regard to request 1 because it did not refuse the request within 20 working days. DH did not breach section 16(1) (advice and assistance) in its handling of the complainant’s requests. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal GIA/2473/2018 permission to appeal refused.