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DHSC FOI Complaint Upheld, Must Respond Within 30 Days

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Summary

The ICO has upheld a Freedom of Information complaint against the Department of Health and Social Care (DHSC), finding that the public authority failed to respond to a request within the statutory 20 working days required under FOIA. The Commissioner has issued a Decision Notice requiring DHSC to provide a substantive response to the complainant within 30 calendar days of this notice. This is the third ICO enforcement action against a central government department for FOI timeliness failures in 2026.

“The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under FOIA.”

ICO , verbatim from source
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About this source

The Information Commissioner's Office is the UK's data protection and freedom of information authority. Decision notices are the formal written outcomes of ICO investigations into complaints against public authorities for Freedom of Information Act compliance. Around 230 decisions a month, each naming the authority, request details, whether the request was upheld, partially upheld, or rejected, and any remedial action ordered. Decision notices are a rich vein of information about UK government transparency and often reveal what specific requests ICO considers legitimate. Watch this if you file FOI requests in the UK, advise public authorities on disclosure obligations, or research information rights case law.

What changed

The ICO has issued a Decision Notice finding DHSC in breach of FOIA Section 10(1) for failing to respond to an FOI request within the statutory 20 working day period. The Decision Notice is binding on DHSC, which must now issue a full response to the complainant within 30 calendar days.\n\nPublic authorities subject to FOIA, particularly central government departments, should treat this decision as a reminder that the 20 working day response deadline is strictly enforced by the ICO. Repeated failures may result in more significant enforcement action, including the possibility of an Information Notice or an Enforcement Notice being issued. Bodies with high FOI caseloads should ensure their case management systems track response deadlines and escalate overdue requests promptly.

What to do next

  1. Provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under FOIA

Archived snapshot

Apr 28, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Department of Health & Social Care (DHSC)

  • Date 23 April 2026
  • Sector Central government
  • Decision(s) FOI 10(1): Upheld The public authority has failed to respond to this request within 20 working days, as specified under FOIA. The Commissioner requires it to provide the complainant with a response to this request within 30 calendar days in accordance with its obligations under FOIA.

Named provisions

FOI 10(1)

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Last updated

Classification

Agency
ICO
Published
April 23rd, 2026
Compliance deadline
May 23rd, 2026 (25 days)
Instrument
Rule
Branch
Executive
Legal weight
Binding
Stage
Final
Change scope
Substantive
Docket
IC-475501-M4R0

Who this affects

Applies to
Government agencies
Industry sector
9211 Government & Public Administration
Activity scope
FOI request handling Information access compliance
Geographic scope
United Kingdom GB

Taxonomy

Primary area
Data Privacy
Operational domain
Compliance
Topics
Data Privacy Consumer Protection

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