Epsom and St Helier University Hospitals NHS Trust

In a five-part request, the complainant has requested information about reported incidents of violence and aggression. Epsom and St Helier University Hospitals Trust (‘the Trust’) has withheld all the information under sections 38 and 40 of FOIA. These exemptions concern health and safety and personal data, respectively. The Commissioner’s decision is that the information requested in parts 1 and 2 of the request is exempt from disclosure under section 40(2) of FOIA because it’s other individuals’ personal data. However, parts 3, 4 and 5 of the request don’t engage either section 38 or 40(2).The Trust breached section 17(3) of FOIA as, in respect of section 38, it didn’t provide the complainant with an outcome of its public interest deliberations within a reasonable period. The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: Disclose the information requested in parts 3, 4 and 5 of the request.