Department of Health and Social Care

The complainant requested a copy of a report into Operation Cygnus. The Department of Health and Social Care had failed to respond at the date of this notice. The Commissioner’s decision is that, based on the evidence provided, the complainant’s original request was not valid, however he did make a valid request at a later date. In the circumstances, the Commissioner considers that the DHSC has failed to complete its considerations on the balance of the public interest within a reasonable timeframe and has therefore breached section 17(3) of the FOIA. The Commissioner also considers that, based on the available evidence, the DHSC breached its section 16 duty because it failed to clarify the request in writing. The Commissioner requires the DHSC to take the following steps to ensure compliance with the legislation: either provide a copy of the information or issue a refusal notice that complies with section 17 of the FOIA.