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Decision Summary

  • Case Ref: FS50086076
  • Date: 5 December 2006
  • Public Authority: Swansea NHS Trust
  • Summary: The complainant requested information from the public authority relating to complaints of mistreatment/neglect/abuse received by the authority in respect of its premises at Morriston and Gorseinon. The public authority responded by supplying the complainant with the authority’s ‘Complaints Performance Management Report’ for the period of July 2004 to September 2004. The complainant indicated to the public authority that the report was insufficient and further qualified his request should cover (a) copies of actual complaints files retained by the authority and (b) all copy files held by the authority for a ten (10) year period preceding the request. The public authority then refused the request by virtue of section 12 stating that the cost of complying would exceed the ‘appropriate limit.’ The Commissioner sought evidence to show that the cost of compliance would exceed the appropriate limit, and a member of his staff visited the public authority to view its record management systems. The Commissioner decided, in this case, the authority applied the Act appropriately by refusing the request by virtue of section 12.The complainant has alleged that the public authority did not provide an appropriate level of advice and assistance in accordance with section 16 of the Act. The Commissioner has therefore considered whether the provision of advice and assistance was adequate for the purposes of the Act. The Commissioner concluded that the public authority satisfied the duty to provide such advice and assistance under section 16 of the Act.
  • View PDF of Decision Notice: [1]