ICO Decision Notice: Buckinghamshire ICB breached FOIA by late information provision
Summary
The Information Commissioner's Office (ICO) found that the Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board (ICB) breached FOIA by providing Ophthalmology information late. While no further information was held, the delay constituted a breach of statutory timeframes.
What changed
The Information Commissioner's Office (ICO) has issued a decision notice finding that the Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board (ICB) breached sections 1(1)(b) and 10(1) of the Freedom of Information Act (FOIA). The breach occurred because the ICB provided information relating to Ophthalmology services to a complainant after the statutory 20-working-day timeframe. Although the Commissioner determined that the ICB did not hold further information beyond what was already provided, the delay itself constituted a violation.
This decision serves as a reminder to public authorities, particularly within the health sector, of the importance of adhering to statutory deadlines for information requests. While the ICO does not require further steps in this specific case due to the nature of the breach and the information held, regulated entities should ensure their internal processes are robust enough to meet FOIA time limits to avoid potential breaches and uphold transparency obligations.
What to do next
- Review internal processes for responding to Freedom of Information requests to ensure compliance with statutory timeframes.
- Ensure all staff involved in information handling are aware of FOIA response deadlines.
Source document (simplified)
Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board
- Date 20 February 2026
- Sector Health
- Decision(s) FOI 1(1)(b): Upheld, FOI 10(1): Upheld The complainant has requested from Buckinghamshire, Oxfordshire and Berkshire West Integrated Care Board (“the ICB”) information relating to Ophthalmology services. The ICB provided some information but stated that it did not hold information regarding other parts of the request. The Commissioner’s decision is that the ICB, on the balance of probabilities, holds no further information than has already been provided to the complainant. However, the ICB has breached sections 1(1)(b) and 10(1) FOIA by providing information to which the complainant was entitled after the statutory timeframe of 20 working days. The Commissioner does not require further steps.
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