Cardiff and Vale University Health Board

The complainant requested information from Cardiff and Vale University Health Board (“the Health Board”) relating to two reviews, one produced by the Royal College of Surgeons (RCS) and one by a firm of solicitors appointed by the Health Board. The Health Board provided some information within scope of the request, denied holding some of the requested information and withheld other information within the scope of the request under section 40 of FOIA (personal information) and section 42 of FOIA (legal professional privilege).
The Commissioner’s decision is that: on the balance of probabilities, the Health Board does not hold any further information within the scope of parts 2a-2d of the request or parts 5b - 5d of the request beyond that which it has already disclosed; the Health Board is not entitled to rely on section 40 to withhold the information requested in part 2e of the request; the Health Board is entitled to rely on section 42 to withhold the information requested in part 5a of the request.
The Commissioner requires the Health Board to disclose the information requested in part 2e of the request to ensure compliance with the legislation.