NHS Ealing Clinical Commissioning Group

The complainant has requested papers, agendas, minutes and documents relating to a tender by NHS Ealing CCG for community services. The CCG confirmed it held a business case, agenda, additional considerations paper and minutes but refused to provide these on the basis of section 43(2) of the FOIA. The CCG later sought to also apply section 22 to the business case and additional considerations paper. The Commissioner’s decision is that section 22 has not been correctly applied by the CCG. In relation to section 43, the Commissioner finds that only limited information in the requested documents engages this exemption but the information that does engage the exemption has been correctly withheld under section 43(2). The Commissioner requires the public authority to disclose all information in the requested documents which does not engage section 43(2). The information that engages section 43(2) as identified by the CCG and in the confidential annex provided to the public authority can be withheld.