NHS England

The complainant has requested NHS England to disclose all documents held relating to an investigation into a named doctor between March 2018 and March 2019. Initially NHS England refused the request citing section 40(2) of FOIA. However, at the internal review stage it altered its position and confirmed that it is refusing to confirm or deny whether the requested information is held in accordance with section 40(5) of FOIA. The Commissioner’s decision is that NHS England is entitled to refuse to confirm or deny whether the requested information is held in accordance with section 40(5) of FOIA. He does not require any further action to be taken.