Department of Health & Social Care (DHSC)

The complainant has requested from the Department of Health and Social Care (DHSC) information about its decision to appoint NHS England to lead the North East Ambulance Service review. DHSC provided some information but withheld part of it, applying section 42(1) FOIA - legal professional privilege. The complainant disputed whether this was all the information held by the DHSC. Later the DHSC also applied section 40(1) to the information it’s withholding, which concerns personal information. The Commissioner’s decision, first, is that DHSC has communicated all the non-exempt information that it holds. His decision is also that the information that DHSC is withholding isn’t exempt under section 42(1) of FOIA but that section 40(1) is engaged. Finally, there was no breach of section 16(1), which concerns advice and assistance. The Commissioner doesn’t require further steps.