Department of Health and Social Care

The complainant has requested information about the Government guidance: ‘Coronavirus (COVID-19): admission and care of people in care homes.’ The Department of Health and Social Care (DHSC) is withholding 35 documents under section 36(2)(b) and 36(2)(c) of FOIA. These exemptions concern the effective conduct of public affairs. DHSC disclosed other information with information redacted under section 40(2) and 35(1)(d) as well as the section 36 exemptions. Those two exemptions concern the formulation of government policy and personal data. The scope of the complaint to the Commissioner is DHSC’s application of section 36 to the 35 documents being withheld in their entirety. The Commissioner’s decision is as follows: At the time of the request, DHSC was correct to rely on section 36(2)(b)(i), section 36(2)(b)(ii) and section 36(2)(c) of FOIA to withhold 35 of the documents that fall within scope of the complainant’s request. The public interest favoured maintaining these exemptions. DHSC’s response to the request didn’t comply with sections 1(1)(a), 10(1) and 17 of FOIA in respect of the timeliness of its response. It’s not necessary for DHSC to take any corrective steps. Information Tribunal FT/EA/2024/0059 under appeal.