Care Quality Commission

The complainant has requested information relating to a specific investigation. The Care Quality Commission (‘CQC’) refused to provide specific information, firstly two reports (‘the expert reports’), citing section 30(1)(b) (investigations and proceedings) and secondly, the explanation around why an expert withdrew, citing section 40(2) (personal information), section 30(1)(b) and section 31(1)(g) (law enforcement). The Commissioner’s decision is as follows: The reports engage section 30(1)(b) but the public interest lies in disclosure; the body of the email, and some information contained within the report, cannot be withheld under section 40(2) and the email engages section 30(1)(b) and the public interest lies in disclosure, because the email engages section 30(1)(b), it cannot engage section 31(1)(g). The Commissioner requires the CQC to take the following steps to ensure compliance with the legislation: disclose the reports and the email, except for the information that the Commissioner has identified, in a confidential annex, to the CQC only. The Commissioner has utilised a confidential annex in this instance to preserve the CQC’s right to a fair appeal.