NHS Business Services Authority v Information Commissioner and Spivack
| Jurisdiction | UK Non-devolved |
| Judge | Judge Jacobs |
| Neutral Citation | [2021] UKUT 192 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 06 September 2021 |
1
THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
UPPER TRIBUNAL CASE NO:GIA/0136/2021
[2021] UKUT 192 (AAC)
NHSBUSINESS SERVICES AUTHORITY V INFORMATION COMMISSIONER AND
SPIVACK
Decided following an oral hearing on 6 July 2021
Representatives
Appellant
Robin Hopkins of counsel
Information Commissioner
Eric Metcalfe of counsel
Mr Spivack
Took no part
DECISION OF UPPER TRIBUNAL JUDGE JACOBS
On appeal from the First-tier Tribunal (General Regulatory Chamber)
Reference:
EA/2019/0407
Decision date:
9 November 2020
The decision of the First-tier Tribunal did not involve the making of an error on a point
of law under section 12 of the Tribunals, Courts and Enforcement Act 2007.
REASONS FOR DECISION
A.The request for information and its fate
1.Mr Spivack is interested in prescriptions for Stiripentol (also known as
Diacomit), which is a drug prescribed to children for epilepsy. He made regular
requests, beginning in 2013, to NHSBSA under the Freedom of Information Act 2000
asking for information. This case concerns the request made in January 2019,
relating in effect to March to November 2018 inclusive. Specifically, hewanted ‘A list
of dispensaries (by dispensary code only), which have dispensed the following
products, along with prescription items, cost and quantity for each dispenser by
individual month’. This information had always been provided, but this time NHSBSA
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