General Pharmaceutical Council
- Date 21 January 2019
- Sector Health
- Decision(s) FOI 14: Upheld, FOI 16: Not upheld, FOI 17: Not upheld
The complainant has requested information from the General Pharmaceutical Council (‘the GPhC’) about service complaints submitted to it. The GPhC has categorised the request as vexatious under section 14(1) of the FOIA and has refused to comply with it. The Commissioner’s decision is as follows: The request is not vexatious and the GPhC is not entitled to rely on section 14(1) to refuse to comply with it. The GPhC has not breached section 16(1) as, in the circumstances of the request, it provided appropriate advice and assistance. The GPhC complied with section 17(5) as it issued the complainant with a section 14(1) refusal notice within 20 working days. The Commissioner requires the GPhC to take the following step to ensure compliance with the legislation: Provide the complainant with a fresh response to his request of 25 June 2018 that complies with the FOIA but that does not rely on section 14(1).