Barnet Enfield and Haringey Mental Health NHS Trust

Through a multi-part request, the complainant has requested copies of communications between Barnet, Enfield and Haringey Mental Health NHS Trust (‘the Trust’) and the Information Commissioner’s Office (‘ICO’).  The Trust released some information and has withheld some information under section 21(1) (information already accessible to applicant), section 40(2)(third person personal data) and section 42(1) (legal professional privilege).  Finally, the Trust says it does not hold some of the requested information. The Commissioner’s decision is as follows: The Trust has correctly applied section 21(1) of the FOIA to some of the information it has withheld. The Trust has correctly applied section 40(2) to some information.  This information is the personal data of third persons and is exempt from release under this exemption. The Trust has correctly applied section 42(1) to some information.  This information attracts legal professional privilege and the public interest favours maintaining the exemption. The Commissioner does not require the Trust to take any remedial steps. Information Tribunal appeal EA/2019/0241 dismissed.