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Decision Summary

  • Case Ref: FS50091230
  • Date: 25 June 2009
  • Public Authority: Department of Health
  • Summary: The complainant made a request to the Department of Health (the ‘DoH’) for copies of all minutes of the Board of Advisors Anti Stigma and Discrimination programme meetings that had taken place as at the date of his request. The DoH provided redacted copies of these minutes and informed the complainant that information had been withheld under section 40(2). During the course of the Commissioner’s investigation of the complaint the DoH informed the Commissioner that it was also relying on section 36(2)(b) and (c). After investigating the complaint the Commissioner has decided that section 40(2) was not engaged in respect of some of the information and refused to accept the late application of section 36.He has however decided that the DoH correctly applied section 40(2) to withhold the names of the expert advisors. He has also decided that the DoH did not comply with the requirements of section 17(1) in failing to issue a refusal notice within the time for compliance with section 1(1), and also failed to meet the requirements of section 17(1)(b) and (c). In failing to comply with the requirements of section 1(1)(b) within twenty working days to the information he has ordered disclosure of the DoH also breached the time for compliance set out at section 10 of the Act. The Commissioner therefore orders disclosure of all the redacted names except the names of the expert advisors.
  • View PDF of Decision Notice: [1]