Department of Health and Social Care

The complainant has requested information on the guidance that was available to general practitioners in 2009 and which related to working with service users who had suffered sexual abuse in 2009. The Department of Health & Social Care (DHSC) originally refused the request under section 21 of the FOIA on the basis that the information was already available to the public and provided links to where the information was available on the internet. The complainant was not satisfied that the DHSC had properly considered all the information that was likely to be held. During the course of the Commissioner’s investigation the DHSC changed its position and refused the request under section 12 on the basis that the cost of compliance would exceed the appropriate limit. The Commissioner’s decision is that the DHSC is entitled to rely on section 12 to refuse to confirm whether it holds any information relevant to the request. However it has failed to comply with section 17(5) in that it did not provide a refusal notice citing its reliance on section 12 within twenty working days of receiving the request. It has also failed to fulfil its duty under section 16 to provide advice and assistance to help the complainant make a refined request. The Commissioner requires the public authority to properly consider what advice and assistance it could provide the complainant in order to assist him make a refined request. If it is possible to provide such advice and assistance, the DHSC is required to do so.