Department of Health and Social Care

The complainant requested correspondence relating to phonecalls that Lord Bethell, Parliamentary Under-Secretary of State for Health, had with various companies during the early stages of the Covid-19 pandemic. The Department for Health and Social Care (“the DHSC”) disclosed some information but relied on section 35 (government policy) and section 43 (commercial interests) of FOIA to withhold the remainder. The Commissioner’s decision is that sections 35(1)(a), 35(1)(b) and 35(1)(d) of FOIA are all partially engaged in relation to some of the withheld information but, where they are, the public interest favours disclosure. The Commissioner does not consider that the DHSC has demonstrated why section 43 of FOIA is engaged in relation to any of the withheld information. The Commissioner requires the DHSC to take the following steps to ensure compliance with the legislation: disclose, to the complainant, all of the information it has relied on either section 35 or section 43 of FOIA to withhold. The DHSC may redact the names of junior officials and any contact details within the email trails.