NHS England

The complainant has requested information on 19 items that presented opportunities for learning, which had been referred to in a meeting.  NHS England (NHSE) relied on section 21 of the FOIA to withhold the information as it said it was already accessible to the complainant in a report that it had provided to them previously. The complainant disputed NHSE’s reliance on section 21 but considers that NHSE does hold the information they have requested elsewhere. The Commissioner’s decision is as follows:  NHSE incorrectly applied the exemption under section 21(1) of the FOIA to the requested information.  This is because, on the balance of probabilities, NHSE does not hold the requested information – in the report or elsewhere. NHSE breached section 1(1)(a) of the FOIA as it indicated it holds the requested information when, on the balance of probabilities, it does not.  The Commissioner does not require NHSE to take any remedial steps. Information Tribunal appeal EA/2020/0148 dismissed.