Barking Havering and Redbridge University Hospitals NHS Trust

The complainant made an eight part request on 9 April 2017, a four part request on 19 April 2017, and an eight part request on 20 April 2017. The requests are for information relating to reports and enquiries concerning the security and availability of drugs at Queen’s Hospital, Romford. Barking, Havering and Redbridge University Hospitals NHS Trust (the Trust) provided some of the requested information, but has explained that it does not hold other information falling within the scope of the requests. The Trust has also refused to provide some of the requested information under sections 12(1) and 14(1) of the FOIA. The Commissioner has considered whether the Trust is entitled to rely on sections 12(1) and 14(1) to withhold some of the requested information. The Commissioner has also consider whether the Trust has complied with its obligations under sections 1(1), 10(1), 16(1) and 17(5) of the FOIA. The Commissioner’s decision is that the Trust was entitled to rely on 14(1) of the FOIA to refuse to disclose some of the requested information. She also found that the Trust was also entitled to rely on section 12(1) of the FOIA to refuse to disclose some of the requested information. The Commissioner also found that the Trust has complied with the requirements of section 16(1) of the FOIA, in that no meaningful advice could have been provided as to how to refine the information requested for parts of requests for information. However, the Commissioner found that the Trust, in failing to issue a refusal notice within the time for compliance, breached section 17(5) of the FOIA. She also found a breach of section 10(1) of the FOIA because the Trust did not respond to the requests within the statutory timescale for compliance. She also found a breach of section 1(1) in that the Trust failed to clarify whether it held some of the requested information. The Commissioner requires that the Trust provide the complainant with a response to point p) of the request dated 9 April 2017, in relation to manual copies of any email communications in accordance with its obligations under the FOIA. Information Tribunal appeal EA/2018/0209 part allowed – closed on 12/08/2019.