Welsh Assembly Government
- Date 6 November 2017
- Sector Central government
- Decision(s) FOI 17: Upheld, FOI 38: Not upheld
The complainant has requested various items of information in respect of a Health Inspectorate Wales review of an Independent External Review commissioned by the then, Cardiff Local Health Board into its care of the perpetrator of the murder of a named individual in 2003. The Welsh Assembly Government refused the request citing sections 38(1)(a) and 38(1)(b), and section 40(2) of the FOIA. The Commissioner’s decision is that the Welsh Government has correctly relied on sections 38(1)(a) and 38(1)(b) of the FOIA in respect of this request. However, the Welsh Assembly Government’s failure to send its refusal notice within the time required represents a breach of section 17(1) of the FOIA. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2017/0282 dismissed.