Barking Havering and Redbridge University Hospitals NHS Trust

The complainant requested information from Barking Havering & Redbridge University Hospitals Trust (“the Trust”) regarding child deaths and illnesses related to pollution in the area. The Trust initially refused the request on the basis that the information was personal data under section 40(2) of FOIA and later sought to rely on the exemption at section 41(1) of FOIA (information provided in confidence). The Commissioner’s decision is that the Trust was entitled to rely on section 41(1) of FOIA to the withheld information. However, the Commissioner finds that the Trust has breached section 10(1) of FOIA regarding the request, as it did not provide the complainant, within 20 working days, the information it held within the scope of the request. The Commissioner does not require the public authority to take any further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0093 under appeal. Information Tribunal UT UA-2023-000316-GIA PTA refused.