ICO Decision Notice: FOI 10 & 16 Upheld, FOI 12(1) Not Upheld

ICO Decision Notices

Filed February 26th, 2026

Detected March 6th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision notice regarding a Freedom of Information (FOI) request made to the Nursing and Midwifery Council (NMC). FOI requests 10 and 16 were upheld, while request 12(1) was not upheld. The NMC is required to provide reasonable advice and assistance to the complainant.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice concerning a Freedom of Information (FOI) request made to the Nursing and Midwifery Council (NMC). While the NMC's refusal under FOI section 12(1) (cost of compliance) was deemed valid, the ICO found that the NMC breached FOI sections 16 (advice and assistance) and 10 (timescale for compliance). Consequently, the NMC is required to provide reasonable advice and assistance to the complainant regarding their request for fitness to practice statistics and Thirlwall inquiry information.

This decision means the NMC does not have to comply with the original request due to the cost limit, but it must improve its process for handling such requests by offering better advice and assistance. Regulated entities, particularly public authorities, should review their FOI handling procedures to ensure compliance with advice and assistance obligations, even when a request is refused on cost grounds. Failure to do so could result in further ICO action.

What to do next

Review FOI handling procedures to ensure adequate advice and assistance is provided, even when requests are refused on cost grounds.

Source document (simplified)

The Nursing and Midwifery Council

Date 26 February 2026
Sector Health, Regulators
Decision(s) FOI 10: Upheld, FOI 12(1): Not upheld, FOI 16: Upheld The complainant has requested information relating to fitness to practice statistics and the Thirlwall inquiry. The Nursing and Midwifery Council (‘the NMC’) refused the request under section 12(1) of FOIA (cost of compliance exceeds appropriate limit). The Commissioner’s decision is that section 12(1) is engaged and so the NMC isn’t obliged to comply with the request. However, it breached section 16 (advice and assistance) and section 10 (timescale for compliance) of FOIA. The Commissioner requires the NMC to take the following steps to ensure compliance with the legislation: provide reasonable advice and assistance to the complainant, in line with section 16.