Liverpool University Hospitals NHS Foundation Trust

The complainant made several requests for a variety of information, largely relating to the construction of a new hospital. Liverpool University Hospitals NHS Foundation Trust provided some information but relied on section 42 of FOIA (Legal Professional Privilege) to withhold the remainder. The Commissioner’s decision is that most of the request sought environmental information and therefore should have been dealt with under the EIR. However, he considers that the Trust is entitled to rely on Regulation 12(5)(b) of the EIR (course of justice) and that the balance of the public interest favours maintaining the exception. He is also satisfied that the Trust has now either provided or withheld all the information it holds within the scope of the requests. However, as the Trust did disclose some information outside of the 20 working day timeframe, it breached Regulation 5(2) of the EIR. The Commissioner does not require further steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0155 under appeal.