North East Ambulance Service NHS Foundation Trust (Health) [2023] UKICO 244064 (12 September 2023)
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North East Ambulance Service NHS Foundation Trust
The complainant has requested information regarding an investigation commissioned by the North East Ambulance Service NHS Foundation Trust (the Trust). The Trust provided some of the information but withheld other information citing sections 21, 41 and 40(2) of FOIA for doing so. The Commissioner’s decision is that the Trust cited section 41 of FOIA appropriately for the most part and that the information should not be released, except for the majority of part three of the request. However, he has decided that the Trust cited section 21 incorrectly and the exemption is not engaged. He has only considered section 40(2) in relation to part three of the request where it is not engaged for reasons set out in this decision. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation. • Disclose the ‘Terms of Reference’ as set out on pp 5-11 of the report. • Disclose the ‘Recommendations’ on pp 187-190 with the exception of paragraph 2 on p.187.
FOI 21:
Complaint upheld
FOI 41:
Complaint partly upheld
FOI 40(2):
Complaint upheld
Decision notice: 244064
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URL: http://www.bailii.org/uk/cases/UKICO/2023/244064.html
