Liverpool University Hospitals NHS Foundation Trust (Health) [2022] UKICO 147660 (20 October 2022)
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Liverpool University Hospitals NHS Foundation Trust
The complainant has requested structural surveys of a building. Liverpool University Hospitals NHS Foundation Trust relied on section 42 of FOIA (Legal Professional Privilege) to withhold the requested information. The Commissioner’s decision is that the Trust should have dealt with the request under the EIR, however he also finds that regulation 12(5)(b) is engaged in respect of the withheld information and that the balance of the public interest favours maintaining the exception. As the Trust failed to rely on an EIR exception within 20 working days, it breached Regulation 14 of the EIR. The Commissioner does not require further steps.
EIR 14:
Complaint upheld
EIR 12(5)(b):
Complaint not upheld
Decision notice: 147660
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URL: http://www.bailii.org/uk/cases/UKICO/2022/147660.html