Black Country and West Birmingham Clinical Commissioning Group

The complainant has requested the scoring and assessment notes from his company’s bid for a tender. Black Country and West Birmingham Clinical Commissioning Group withheld the requested information and relied on section 43(2) of the FOIA to withhold the requested information. The Commissioner’s decision is that the CCG has failed to demonstrate why the exemption is engaged in the circumstances of this case and is therefore not entitled to rely on the exemption. The Commissioner requires the CCG to take the following steps to ensure compliance with the legislation: disclose, to the complainant, a copy of the withheld information.