NHS Commissioning Board (NHS England)

The complainant has requested the legal advice received by NHS England (NHSE) following a meeting with a named doctor. NHSE identified information within the scope of the request but withheld this on the basis that the information was legally professionally privileged and therefore exempt under section 42 of the FOIA. The Commissioner’s decision, after considering the public interest test, is that NHSE has correctly applied this exemption and the public interest favours withholding the requested information.