UK Health Security Agency
- Date 3 November 2022
- Sector Health
- Decision(s) FOI 12: Upheld
The complainant requested information relating to companies that had used the ‘VIP’ route for gaining covid related contracts.
The UK Health Security Agency(“UKHSA”) disclosed the names of the 50 suppliers but could not confirm or deny whether it held information relating to the names of ministers or senior officials who referred the companies to the ‘VIP’ route, and in doing so, relied on section 12(2) of FOIA (cost of compliance exceeds appropriate limit).
Commissioner’s decision is that UKHSA has failed to demonstrate that section 12(2) is engaged.
The Commissioner requires UKHSA to take the following steps to ensure compliance with the legislation:
• Disclose the information about the referrers to the complainant. OR
• Issue a fresh response to the request, which do not rely on section 12(2) of FOIA.
The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court.