Northumbria Healthcare NHS Foundation Trust

The complainant has requested any information relating to the business case for the Northumbria Healthcare NHS Foundation Trust’s (the Trust) buy out of the Hexham General Hospital’s private finance initiative (PFI). The Trust withheld the information, citing section 43(2) (commercial interests) as its basis for doing so. The complainant is concerned about the Trust’s reliance on section 43(2) and not complying with its obligations under section 16(1). During the Commissioner’s investigation, the Trust disclosed some of the requested information to the complainant. It also revised its position in relation to one element of the withheld information, stating that it may be additionally exempt under section 42(1) (legal professional privilege) of the FOIA. However, it maintained its reliance on section 43(2) for refusing to provide the remaining withheld information. The Commissioner’s decision is as follows; The Trust has complied with its obligation under section 16(1). The Trust has failed to comply with its obligations under section 10(1). Section 42(1) applies to one element of the withheld information. The Trust has not demonstrated that section 43(2) applies to the remaining withheld information. The Commissioner requires the Trust to disclose the withheld information other than that caught by section 42 to the complainant.