Kingston Hospital NHS Foundation Trust
- Date 7 November 2023
- Sector Health
- Decision(s) EIR 12.5.e: Not upheld, EIR 14.2: Upheld, EIR 14.3: Upheld
The complainant has requested information relating to the sale of land by Kingston Hospital NHS Foundation Trust (“the public authority”).
The public authority withheld some of the information requested, citing section 43 of FOIA (commercial interests) as its basis for doing so.
The Commissioner’s decision is that the commercial confidentiality exception under regulation 12(5)(e) of the EIR is engaged for the withheld information and that the public interest favours maintaining the exception.
However, as the public authority failed to issue its refusal notice within 20 working days, and also incorrectly considered the request under the FOIA rather than the EIR, the Commissioner has found a breach of regulation 14(2) and 14(3) of the EIR respectively.
The Commissioner does not require further steps.