NHS Business Services Authority

The complainant has requested information about pension entitlement. The above public authority relied on section 12 of FOIA (cost of compliance) to refuse the request. The Commissioner’s decision is that the public authority was entitled to rely on section 12 of FOIA to refuse the request. However, the public authority failed to discharge its duty under section 16 of FOIA to provide advice and assistance. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: either provide the complainant with advice and assistance to help him refine his request such that it falls within the cost limit; or if the request cannot be meaningfully refined, explain why this is the case.