Kent Community Health NHS Foundation Trust

The complainant has submitted a 10-part request to Kent Community Health NHS Foundation Trust (‘the Trust’) about autism-ADHD assessments. The Trust provided information relevant to seven parts, confirmed it doesn’t information relevant to one part and relied on section 12 of FOIA to refuse two parts. Section 12 concerns the cost of complying with a request. With regard to the four parts of the request in scope of this investigation, the Commissioner’s decision is as follows: On the balance of probabilities, the Trust holds no further information within scope of part 2 and part 6 of the request. However, the Trust didn’t comply with section 1(1) and 10(1) of FOIA with regard to part 6 as it didn’t confirm it doesn’t hold relevant information within the statutory timeframe. The Trust is entitled to rely on section 12 of FOIA to refuse part 1 of the request. There was no duty to offer advice and assistance in respect of part 1 or part 5 of the request and as such there was no breach of section 16(1) of FOIA. However, there was a breach of section 16(1) in respect of part 6 of the request. It’s not necessary for the Trust to take any corrective steps.