Department of Health and Social Care
- Date 4 April 2022
- Sector Central government
- Decision(s) FOI 12: Not upheld, FOI 16: Upheld, FOI 43: Not upheld
The complainant has requested information relating
to high priority lane procurement during the COVID-19 pandemic. DHSC refused
to provide some of the requested information under section 21 FOIA
(information reasonably accessible). DHSC initially withheld the information
requested in relation to successful and unsuccessful bidders under section 43(2)
FOIA. It subsequently withdrew its application of section 43(2) to information
relating to successful bidders and confirmed that this information would be
published. Information in relation to successful bidders has now been published.
Information in relation to unsuccessful bidders remains withheld under section
43(2) FOIA. Finally it refused to comply with the part of the request for names
of leads for unsuccessful suppliers under section 12 FOIA as it would exceed the
cost limit to do so. The Commissioner’s decision is that section 43(2) FOIA was
applied correctly to the withheld information relating to unsuccessful applicants.
DHSC was also correct to refuse to comply with the part of the request for
names of leads for unsuccessful suppliers under section 12 FOIA. DHSC however
failed to comply with section 16 FOIA in the provision of advice and assistance.
The Commissioner requires the public authority to provide advice and assistance under section 16 FOIA as to how the request could practically be refined to fall within the cost limit or explain that it would not be possible to provide advice and assistance to refine the part of the request to which section 12 FOIA is applicable. Information Tribunal appeal EA/2022/0106 under appeal.