Leeds Teaching Hospitals NHS Trust

The complainant has requested information relating to the construction of new hospitals. Leeds Teaching Hospitals NHS Trust (‘the Trust’) disclosed some information but withheld some information under section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that: the Trust should have handled the request under the Environmental Information Regulations (‘the EIR’) and therefore breached regulation 14(3) as it incorrectly issued its refusal under FOIA and not the EIR. Some of the withheld information engages regulation 12(5)(e) and the public interest favours maintaining the exception. However, other withheld information doesn’t engage the exception. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: Disclose the information requested in part 3 of the request.