North East Ambulance Service NHS Foundation Trust (Health) [2019] UKICO fs50821727 (11 October 2019)
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North East Ambulance Service NHS Foundation Trust
In two requests, the complainant has requested information associated with North East Ambulance Service’s ambulance provision on a specific date, its deployment of vehicles, particular targets and a policy. With regard to request 1, North East Ambulance Service (NEAS) provided some information and confirmed it does not hold some of the information. NEAS relied on section 12(1) (cost exceeds appropriate limit) to refuse to comply with elements of part 2 of request 1 and a second request the complainant subsequently submitted. NEAS considered some information requested in part 2 of request 1 is exempt information under section 24(1) (national security) and/or section 40(2)(personal data), with the public interest favouring maintaining the section 24 exemption. NEAS subsequently withdrew its reliance on section 12(1) with regard to the second request. The Commissioner’s decision is as follows: NEAS has now complied with section 1(1) of the FOIA with regard to request 2 but breached section 10(1) as it did not comply with section 1(1) within the required timescale. NEAS can rely on section 12(1) of the FOIA to refuse to comply with elements of part 2 of request 1. NEAS has not breached section 16(1) of the FOIA with regard to this request. Some information falling within the scope of part 2 of request 1 is exempt information under section 24(1) of the FOIA and the public interest favours maintaining the exemption. Elements of the information falling within the scope of part 2 of request 1 are exempt information under section 40(2), including some of the elements also covered by the section 12(1) exemption. The Commissioner does not require NEAS to take any remedial steps.
FOI 10:
Complaint upheld
FOI 40:
Complaint not upheld
FOI 16:
Complaint not upheld
FOI 24:
Complaint not upheld
FOI 1:
Complaint not upheld
FOI 12:
Complaint not upheld
Decision notice: fs50821727
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50821727.html
