ICO Upholds FOI Complaint Against NHS Trust for Delayed Response
Summary
The UK's Information Commissioner's Office (ICO) has upheld a complaint against North Tees & Hartlepool NHS Foundation Trust for a delayed response to a Freedom of Information (FOI) request. While the Trust was found not to hold further information, a breach of FOI timelines was identified.
What changed
The Information Commissioner's Office (ICO) has issued a decision notice finding that North Tees & Hartlepool NHS Foundation Trust breached sections 1(1) and 10(1) of the Freedom of Information Act 2000 by failing to provide a response to a complainant's request within the statutory 20 working days. Although the Trust provided the information it held, and the ICO determined it did not hold further relevant information, the delay itself constituted a breach.
This decision serves as a reminder to public authorities, including NHS Trusts, of their obligation to adhere to statutory timeframes for responding to FOI requests. While no further steps were required by the ICO in this instance due to the Trust's cooperation and the nature of the information, future breaches could lead to more significant actions. Compliance officers within public bodies should ensure robust internal processes are in place to manage and respond to information requests promptly.
What to do next
- Review internal processes for managing Freedom of Information requests to ensure timely responses.
- Ensure all staff involved in FOI handling are aware of statutory deadlines and the consequences of delays.
Source document (simplified)
North Tees & Hartlepool NHS Foundation Trust
- Date 12 March 2026
- Sector Health
- Decision(s) FOI 1(1): Partly upheld, FOI 10(1): Upheld The complainant has requested information about ‘group’ job roles. North Tees and Hartlepool NHS Foundation Trust (‘the Trust’) provided the information it held within scope of the request. The complainant expressed dissatisfaction that the information provided from the Trust was inconsistent with other publicly available information. The Commissioner’s decision is that, on the balance of probabilities, the Trust does not hold any further information within scope of the request. However, he also finds that there was a breach of sections 1(1) and 10(1) as the Trust failed to provide its response within 20 working days. The Commissioner does not require further steps.
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