NHS Digital

The complainant has requested information on various types of treatments used on those detained in mental health settings. NHS Digital initially refused the request on the basis of section 21, later amending its position to rely on section 12 as complying with the request would exceed the cost limit.  The Commissioner’s decision is that NHS Digital applied section 12(1) incorrectly as it did not reasonably demonstrate that the cost of the request would exceed the limit. She also finds that in failing to advise the complainant on how to refine his request to bring it within the cost limit, NHS Digital breached section 16(1) of the FOIA. The Commissioner requires the public authority to write to the complainant with a fresh response to the request that does not rely on section 12(1) of the FOIA.