Department of Health and Social Care

The complainant requested information relating to meetings between the Secretary of State for Health and Social Care and Sir Nick Clegg. The Department of Health and Social Care provided some information but withheld the remainder, relying on section 35 (development of government policy), section 36 (prejudice to the effective conduct of public affairs) and section 43 (commercial interests) of FOIA to withhold the requested information. The Commissioner’s decision is that the DHSC has not demonstrated that either section 36 or section 43 is engaged in relation to the withheld information. Whilst he accepts that section 35(1)(a) has been correctly engaged in respect of some of the withheld information, he considers that the balance of the public interest favours disclosure. In failing to respond to the request within 20 working days, the DHSC breached section 10 of FOIA. The Commissioner requires the DHSC to take the following steps to ensure compliance with the legislation: disclose the remaining withheld information. The DHSC may redact the names of junior officials and Sir Nick’s email address.