University Hospitals Birmingham NHS Foundation Trust

The complainant has requested information about sexual safety incidents recorded in 2022/23 and 2023/24. University Hospitals Birmingham NHS Foundation Trust (‘the Trust’) relied on section 12 of FOIA to refuse the request. The Commissioner’s decision is that the Trust is entitled to rely on section 12(1) of FOIA to refuse to provide the requested information. However, he finds that the Trust failed to provide reasonable advice and assistance and therefore did not meet its obligations under section 16(1) of FOIA. The timeliness of its response also didn’t comply with section 17(5). The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: The Trust must provide the complainant with advice and assistance to help them submit a request falling within the appropriate limit.