Public Health Wales

The complainant requested a copy of the final report following an investigation into the cluster of Endovirus causing Myocarditis in young babies. Public Health Wales NHS Trust (PHW) withheld the information requested under section 22 (information intended for future publication) of the FOIA . The Commissioner’s decision is that section 22 (information intended for future publication) of the FOIA is not engaged as, at the time of the request, the information requested was not held. In failing to confirm that the information requested was not held and for failing to confirm the information was not held within the statutory time period, the Commissioner finds that PHW breached sections 1 and 10 of the FOIA. The Commissioner does not require any steps to be taken.