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Decision Summary

  • Case Ref: FS50189099
  • Date: 3 December 2009
  • Public Authority: Department of Health
  • Summary: The complainant requested copies of all the submissions received by the public authority in relation to a public consultation on excluding overseas visitors from receiving free NHS primary medical services. The public authority refused the request under section 35 on the basis that the information related to the formulation or development of government policy. During the course of the Commissioner’s investigation the public authority disclosed all of the submissions except for one which had been provided by the Home Office. The Commissioner has concluded that, whilst section 35 was engaged, the public interest in maintaining the exemption did not outweigh the public interest in disclosure. He has consequently ordered the disclosure of the withheld information.
  • View PDF of Decision Notice: [1]