NHS Resolution

The complainant has requested copies of expert opinions used in a claim he made. The above public authority dealt with the request as a SAR, but the complainant insisted on a FOIA response. The Commissioner’s decision is that the only correct FOIA response to this request would have been for the public authority to rely on section 40(5A) of FOIA to refuse to confirm or deny that the information is held. To the extent that it is necessary to do so, the Commissioner therefore applies this exemption himself, proactively. The Commissioner does not require further steps to be taken.