Department of Health and Social Care
- Date 19 December 2024
- Sector Central government
- Decision(s) FOI 17: Upheld, FOI 31: Upheld, FOI 41: Upheld, FOI 43(2): Upheld
The complainant has requested from the Department of Health and Social Care (DHSC) information relating to companies that were given access to the high priority lane to provide PPE during the Covid pandemic. The DHSC refused to provide the requested information, citing section 43(2) of FOIA (commercial interests) to all parts of the request. Later, the DHSC additionally cited sections 31 (law enforcement) and 41 of FOIA (information provided in confidence) to parts one, two and four of the request. The Commissioner’s decision is that sections 43(2), 31 and 41 of FOIA are not engaged. The DHSC breached section 17(1)(b) of FOIA by relying at investigation stage on exemptions it had not cited within the time for compliance with section 1(1) of FOIA. The Commissioner requires the DHSC to take the following steps to ensure compliance with the legislation.
• Disclose the information requested in all four parts of the request.