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Decision Summary

  • Case Ref: FS50195059
  • Date: 7 September 2009
  • Public Authority: Department of Health
  • Summary: The complainant requested a copy of the business case provided by the Department of Health (the “DoH”) to HM Treasury in 2002 in regard to the new contract for NHS consultants, together with HM Treasury’s response to the business case. The DoH directed the complainant to some information which was in the public domain, but refused to disclose other information under sections 35(1)(a) and (b). During the course of the Commissioner’s investigation the DoH disclosed the withheld information relating to the first part of the request, although it continued to withhold the information relating to the second part. After investigating the case the Commissioner decided that although sections 35(1)(a) and (b) applied to the remaining information, the public interest in maintaining the exemptions did not outweigh the public interest in disclosure. Therefore the remaining withheld information should be disclosed. The Commissioner also found that the DoH did not comply with section 1(1)(b) and section 10(1). This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]