ICO upholds Barts Health NHS Trust FOI exemption

ICO Decision Notices

Filed February 13th, 2026

Detected February 17th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld Barts Health NHS Trust's decision to exempt certain information related to patient care from disclosure under the Freedom of Information Act (FOIA). The decision means the Trust does not have to confirm or deny if it holds specific details about a relative's medication and wider care.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice upholding Barts Health NHS Trust's reliance on section 41(2) of the Freedom of Information Act (FOIA). This exemption allows the Trust to refuse to confirm or deny whether it holds information that would be subject to a duty of confidence. The complainant had requested detailed information regarding a relative's care, including medication justification and monitoring, which the Trust partially disclosed but refused to confirm or deny for other aspects, citing confidentiality.

This decision means that Barts Health NHS Trust is not required to take any further steps regarding this specific information request. The ICO found no breach of FOIA sections 10, 16, or 17. For other healthcare providers and public authorities in the UK, this reinforces the conditions under which they may legitimately use the section 41(2) exemption to protect confidential patient information from disclosure under FOIA requests.

Source document (simplified)

Barts Health NHS Trust

Date 13 February 2026
Sector Health
Decision(s) FOI 10: Not upheld, FOI 16: Not upheld, FOI 17: Not upheld, FOI 41(2): Not upheld The complainant has made three separate requests to Barts Health NHS Trust (the Trust) seeking information about the care provided to a relative. The requests concern staff involvement and training in suctioning procedures, the roles and decision making processes of staff involved in the relative’s wider care, and detailed information about a specific medication regimen administered to the relative including clinical justification, monitoring, and audit evidence. The Trust provided the complainant with details of staff training and policies relating to suctioning procedures. However, it refused to confirm or deny whether it held the remainder of the requested information. The Trust consider any such information would be subject to a duty of confidence if held and that it would therefore be exempt from the duty to confirm or deny under section 41(2) of FOIA. The Commissioner’s decision is that the Trust is entitled to rely on the exemption from the duty to confirm or deny whether the requested information is held under section 41(2) of FOIA. He also finds that there was no breach of sections 10, 16 or 17 of FOIA. The Commissioner does not require the Trust to take any steps as a result of this decision notice.