Department of Health and Social Care

The complainant has requested information relating to DHSC ‘Performance Update’ documents. DHSC relied on section 35(3) of the FOIA to neither confirm nor deny holding the information. The Department of Health and Social Care (DHSC) has failed to justify why it is entitled to rely on the stated exemption. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Confirm or deny whether information falling within the scope of the request is held, and If the DHSC confirms that it does hold information, either disclose a copy of that information or issue a refusal notice that complies with section 17 of the FOIA. The public authority 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.