The Nursing and Midwifery Council

The complainant has requested information about two nurses. The Nursing and Midwifery Council (‘the NMC’) originally stated that it may hold the requested information but it would be withheld under section 40 of FOIA (third party personal information). It then changed its position, withdrew its reliance on section 40 and provided some information. It stated that it did not hold any further information within scope of the request. The Commissioner’s decision is that, on the balance of probabilities, the NMC does not hold any further information within scope of the request. However, the Commissioner also finds that the NMC breached sections 1(1)(a) and 10(1) of FOIA as it didn’t confirm whether or not it held the requested information, or provide the information it did hold, within 20 working days. The Commissioner does not require further steps.