ICO Decision Notice: Health Board FOI Cost Compliance Upheld
Summary
The UK's Information Commissioner's Office (ICO) issued a decision notice regarding a Freedom of Information (FOI) request made to Aneurin Bevan University Health Board. The ICO found that the Health Board was justified in relying on the cost of compliance exemption (FOI 12(1)) to refuse the request and met its obligations to offer advice and assistance.
What changed
The Information Commissioner's Office (ICO) has issued a decision notice (Case Ref: IC-472382-F1W0) concerning Aneurin Bevan University Health Board. The complainant requested information related to patient safety and clinical risk. The Health Board refused the request under section 12(1) of the Freedom of Information Act (FOIA) due to the cost of compliance. The ICO has upheld the Health Board's decision, finding that they were entitled to rely on this exemption. Additionally, the ICO determined that the Health Board fulfilled its duty under section 16 of FOIA to provide advice and assistance at the time of its internal review.
This decision means no further action is required from the Health Board regarding this specific request. For other public sector bodies, this reinforces the ICO's stance on the application of the cost of compliance exemption when requests exceed the statutory time and cost limits. Compliance officers should ensure their internal processes for assessing FOI requests and applying exemptions are robust and well-documented, particularly regarding the provision of advice and assistance.
Source document (simplified)
Aneurin Bevan University Health Board
- Date 26 February 2026
- Sector Health
- Decision(s) FOI 12(1): Not upheld, FOI 16: Not upheld The complainant has requested information about patient safety and clinical risk issues. The Aneurin Bevan University Health Board (“the Health Board”) relied on section 12 of FOIA (cost of compliance) to refuse the request. The Commissioner’s decision is that the Health Board was entitled to rely on section 12(1) of FOIA to refuse the request. The Commissioner also finds that, at the time of the internal review, the Health Board met its section 16 obligation to offer advice and assistance. The Commissioner does not require further steps to be taken.
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