Newcastle Upon Tyne Hospitals NHS Foundation Trust

The complainant has requested information relating to fire safety on the private finance initiative state used by Newcastle Upon Tyne Hospitals NHS Foundation Trust (the trust). The Commissioner’s decision is that the trust has incorrectly applied section 43(2) (commercial interests) to part of the withheld information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose the requested information. 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. The Commissioner further finds that the trust breached section 10(1) of the FOIA by failing to provide its response within the designated timescale. Information Tribunal appeal EA/2018/0233 withdrawn.