Department of Health and Social Care
- Date 15 November 2022
- Sector Central government
- Decision(s) FOI 10: Upheld, FOI 17: Upheld, FOI 36: Not upheld
The complainant has requested information about the process for signing off a piece of guidance on care homes. The above public authority relied on section 36 of FOIA (prejudice to the effective conduct of public affairs) in order to withhold the information. The Commissioner’s decision is that DHSC has correctly applied section 36 of FOIA and that the balance of the public interest favours maintaining the exemption. However, DHSC failed to confirm that it held information or issue its refusal notice within 20 working days. It therefore breached sections 10 and 17 of FOIA. The Commissioner does not require further steps.
Keywords: covid-19, pandemic, clarity of messaging