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Department of Health and Social Care

  • Date 19 May 2023
  • Sector Central government
  • Decision(s) FOI 12: Not upheld, FOI 16: Upheld, FOI 40: Not upheld

The complainant has requested information relating to ‘the scientific advice and evidence that was used when making the changes announced to the shielding policy in Sajid Javid’s letter of 27 September 2021’. DHSC applied section 12 of FOIA, as it estimated the time it would take to comply with the request would exceed the cost limit. During the Commissioner’s investigation DHSC disclosed some information, but within that made redactions under section 40 of FOIA. For all remaining elements of the request DHSC maintained that section 12 of FOIA applied. The Commissioner’s decision is that DHSC is entitled to rely on section 12 and 40 of FOIA in this case. However, DHSC breached section 16 of FOIA by failing to provide appropriate advice and assistance, so far as it is reasonably practicable to do so. The Commissioner requires DHSC to provide advice and assistance to the complainant in accordance with its obligations under section 16 of FOIA.