Upton Road Surgery

The complainant has requested information relating to the prescribing of Dexamethasone and Cyclophosphamide. The Commissioner’s decision is that Upton Road Surgery (the surgery) has incorrectly cited section 21 (information accessible by other means) of the FOIA. The Commissioner also finds that the surgery was in breach of section 10 of the FOIA as it did not provide a response within the statutory 20 working days. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide the complainant with a new response without reliance on section 21. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.