South Tyneside and Sunderland NHS Foundation Trust

The complainant has requested the total number of covid-19 deaths in the South Tyneside Area from February 2020 to November 2020.  South Tyneside and Sunderland NHS Foundation Trust (the Trust) explained that to provide the information would exceed the cost limit outlined in section 12(1) of the FOIA (cost of compliance exceeds the appropriate limit). The Commissioner’s decision is that the Trust is entitled to rely on section 12(1). However, he also finds that the Trust failed to provide any advice and assistance to the complainant in the making of their request and has therefore failed to comply with its obligations according to section 16(1) of the FOIA (duty to provide advice and assistance). The Commissioner therefore requires the public authority to take the following steps to ensure compliance with the legislation: Provide advice and assistance to the requestor in relation to their request.