Harrogate and District NHS Foundation Trust

The complainant has requested information from Harrogate and District NHS Foundation Trust (the Trust) about staff training concerning “illicit powers of detention” amongst other matters. Over a period of time the Trust provided some information but refused to provide other information applying different exemptions, finally applying section 42(1) FOIA – legal professional privilege - to withhold some staff training information. The Commissioner’s decision is that the Trust did not appropriately apply section 42(1) FOIA and the exemption is not engaged. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation.  • Disclose the information withheld by the Trust under section 42(1) FOIA with any necessary redactions to comply with its data protection obligations.