Devon Partnership NHS Trust

The complainant has requested information about the amount spent on legal fees. Devon Partnership NHS Foundation Trust (‘the Trust’) relied on section 21 of FOIA (information accessible by other means) to refuse part one of the request. It relied on sections 36(2)(b) and 36(2)(c) of FOIA to withhold the information requested in part two of the request. The Commissioner’s decision is that the Trust was not entitled to rely on sections 36(2)(b)(ii) nor 36(2)(c) of FOIA to withhold the information requested in part two of the request. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: Disclose the information it has relied on section 36 of FOIA to withhold.