Lancashire Teaching Hospitals NHS Foundation Trust
- Date 19 July 2024
- Sector Health
- Decision(s) FOI 1(1)(a): Upheld, FOI 10(1): Upheld, FOI 17: Upheld, FOI 40(1): Not upheld, FOI 40(2): Not upheld
The complainant has requested information about an incident that had occurred on the premises of the Lancashire Teaching Hospitals NHS Foundation Trust (the Trust). The Trust refused to provide this information exempting it under sections 40(2) and 40(1) of FOIA. The Commissioner’s decision is that the Trust is entitled to rely on section 40(1) of FOIA as the information is substantially the complainant’s own personal information and cannot be disclosed under FOIA. The Commissioner has also decided that the Trust has correctly relied on section 40(2) to withhold third party personal data. The Trust has breached sections 1(1)(a), 10(1) and 17(1) of FOIA by not confirming that it held information or issuing a refusal notice within the statutory timeframe. The Commissioner does not require further steps.