Barts Health NHS Trust

The complainant has made three separate requests to Barts Health NHS Trust (the Trust) seeking information about the care provided to a relative. The requests concern staff involvement and training in suctioning procedures, the roles and decision making processes of staff involved in the relative’s wider care, and detailed information about a specific medication regimen administered to the relative including clinical justification, monitoring, and audit evidence. The Trust provided the complainant with details of staff training and policies relating to suctioning procedures. However, it refused to confirm or deny whether it held the remainder of the requested information. The Trust consider any such information would be subject to a duty of confidence if held and that it would therefore be exempt from the duty to confirm or deny under section 41(2) of FOIA. The Commissioner’s decision is that the Trust is entitled to rely on the exemption from the duty to confirm or deny whether the requested information is held under section 41(2) of FOIA. He also finds that there was no breach of sections 10, 16 or 17 of FOIA. The Commissioner does not require the Trust to take any steps as a result of this decision notice.