Liverpool University Hospitals NHS Foundation Trust

The Commissioner’s decision is that the Trust should have dealt with the request for information about a large building project under the EIR, and not FOIA. However, the Commissioner finds that regulation 12(4)(b) is engaged in respect of parts 1 and 2 of the request and regulation 12(5)(b) is engaged in respect of information within scope of part 4. These exceptions concern manifestly unreasonable requests and the course of justice respectively. In both cases the Commissioner finds that the balance of the public interest favours maintaining the exception. As the Trust failed to rely on an EIR exception within 20 working days, it breached regulation 14(2) of the EIR. It is not necessary for the Trust to take any steps. Information Tribunal appeal EA/2023/0068 under appeal.