Lancashire and South Cumbria NHS Foundation Trust

The complainant has requested information about bullying and discrimination complaints from individuals on the autistic spectrum that are also transgender. They also requested similar complaint information about race or physical disability. The Lancashire and South Cumbria NHS Foundation Trust (the Trust) provided some information but applied section 12(1) FOIA (cost of compliance) to information concerning patient diagnoses. The Commissioner’s decision is that the Trust has correctly cited section 12 FOIA. However, he finds that the Trust failed to provide reasonable advice and assistance and therefore did not meet its obligations under section 16(1) of FOIA. The Commissioner has also decided that section 17(5) FOIA was breached in that the Trust did not confirm its reliance on section 12 within the statutory timeframe. The Commissioner does not require further steps.