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Decision Summary

  • Case Ref: FS50208265
  • Date: 13 July 2009
  • Public Authority: Heart of England NHS Foundation Trust
  • Summary: The complainant made a request under the Freedom of Information Act 2000 (the “Act”) to the Heart of England NHS Trust (the “Trust”) for a copy of the report into Breast Surgery Practice that was presented to the Board on 29 October 2007 by Mr Ian Cuncliffe, Medical Director for Surgery. The Trust refused the complainant’s request as it stated that the information was exempt from disclosure by virtue of section 30 and section 40(2) of the Act. The Commissioner has reviewed the withheld information and considers that the Trust correctly applied the section 40(2) exemption to withhold the requested information. The Commissioner did not therefore consider the Trust’s application of the section 30 exemption any further. The Commissioner does however consider that the Trust breached sections 17(1)(b) and (c) in its handling of the request.
  • View PDF of Decision Notice: [1]