NHS Improvement

The complainant requested a copy of a Board document. The NHS Improvement (NHSI) refused the request under sections 36(2)(b) and 36(2)(c) as it considered that disclosure would inhibit the free and frank provision of advice or exchange of views, or would otherwise prejudice the effective conduct of public affairs. The Commissioner’s decision is that NHSI correctly applied section 36(2)(b) of the FOIA to the withheld information and the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any action. This decision notice is currently under appeal to the Tribunal.