Kent Community Health NHS Foundation Trust
| Case Outcome | Complaint upheld FOI 16: Complaint partly upheld FOI 1: Complaint upheld FOI 12: Complaint not upheld |
| Subject Matter | Health |
| Court | Information Commissioner (UK) |
| Record Number | IC-282854-Z8F6 |
| Date | 13 March 2024 |
| Respondent | Kent Community Health NHS Foundation Trust |
Reference: IC-282854-Z8F6
1
Date:
13 March 2024
Public Authority:
Kent Community Health NHS Foundation Trust
Address:
The Oast, Unit D
Hermitage Lane, Barming
Maidston
Kent ME16 9NT
Decision (including any steps ordered)
1. The complainant has submitted a 10-part request to Kent Community
Health NHS Foundation Trust (‘the Trust’) about autism-ADHD
assessments. The Trust provided information relevant to seven parts,
confirmed it doesn’t information relevant to one part and relied on
section 12 of FOIA to refuse two parts. Section 12 concerns the cost of
complying with a request.
2. With regard to the four parts of the request in scope of this
investigation, the Commissioner’s decision is as follows:
• On the balance of probabilities, the Trust holds no further
information within scope of part 2 and part 6 of the request.
However, the Trust didn’t comply with section 1(1) and 10(1) of
relevant information within the statutory timeframe.
• The Trust is entitled to rely on section 12 of FOIA to refuse part 1 of
the request.
• There was no duty to offer advice and assistance in respect of part
1 or part 5 of the request and as such there was no breach of
section 16(1) of FOIA. However, there was a breach of section
16(1) in respect of part 6 of the request.
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