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NHS Commissioning Board (NHS England)

  • Date 20 April 2021
  • Sector Health
  • Decision(s) FOI 10: Upheld

The complainant requested information from the NHS Commissioning Board (NHS England) regarding Individual Funding Request applications determined by NHS England from 1 January 2013 to the date of the request. NHS England had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires NHS England to take the following steps to ensure compliance with the legislation. Issue a substantive response, in accordance with its obligations under the FOIA, to the request. NHS England must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.