Chelsea and Westminster NHS Foundation Trust

The complainant requested information from Chelsea and Westminster Hospital NHS Foundation Trust (the Trust) relating to the number of patients that have died, having tested positive for Covid-19, with a Do Not Resuscitate (DNR)/Do Not Attempt CPR (DNACPR) order on their record. The Trust refused to comply with some of the request, citing section 12 (cost limit) of FOIA. The Commissioner’s decision is that the Trust is entitled to rely on section 12(1) of the FOIA to refuse some of the complainant’s request. The Commissioner does not consider that it would be possible to refine the request meaningfully in order to bring the cost of compliance within the cost limit and is therefore satisfied that the Trust has not breached section 16(1) (duty to provide advice and assistance). However, he has recorded procedural breaches of section 1(1) (general right of access), section 10(1) (time for compliance), and section 17(1) (provision of a valid refusal notice) of FOIA. The Commissioner does not require the Trust to take any steps as a result of this decision notice. Information Tribunal FTT EA/2022/0454 struck out.