NHS Clinical Commissioning Board (NHS England)

The complainant requested information from the NHS Commissioning Board (“NHS England”) relating to the correspondence between NHS England and McKinsey & Co. By the date of this notice NHS England had not provided a substantive response to this request.

The Commissioner’s decision is that NHS England has 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 to the request in accordance with its obligations under the FOIA.

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 Act and may be dealt with as a contempt of court.