First-tier Tribunal (General Regulatory Chamber)

EA/2023/0448 - [2025] UKFTT 00077 (GRC)

Fecha: 29-Ene-2025

The request and response

The request and response

The appellant made the request (“the Request”) which is the subject of this appeal on 05 February 2023 in writing as follows:

“I write to you, requesting information under the provisions of the FOIA 2000. My request is for the following information, which I am aware is held by you the public body.
I respectfully request the following information from an Investigation by [redacted names] in 2020, who were commissioned by the trust to investigate a number of concerns raised by whistleblowers at the trust.

The terms of reference for the [redacted names] investigation

The conclusions or finding of the said investigation

The recommendations of the said investigation

Was the said investigation shared with the regulators, the CQC and NHSE

If the investigation was shared with the regulator, the CQC and NHSE, what date(s) was the investigation shared and with whom

Should the NEAS be unable to provide the above, a full redacted copy of the investigation is requested”.

The Trust responded on 01 March 2023 to each part as follows:

The terms of reference for the [redacted names] investigation – Requested information withheld under section 21 FOIA;

The conclusions or finding of the said investigation – Requested information withheld under sections 21, 40(2) and 41 FOIA;

The recommendations of the said investigation – Requested information withheld under sections 21, 40(2) and 41 FOIA;

Was the said investigation shared with the regulators, the CQC and NHSE – Response provided;

If the investigation was shared with the regulator, the CQC and NHSE, what date(s) was the investigation shared and with whom – Response provided;

Should the NEAS be unable to provide the above, a full redacted copy of the investigation is requested – Requested information withheld under section 41 FOIA.

The Appellant requested an internal review on 02 March 2023. The Trust completed its internal review on 28 April 2023 but, due to complications in transmission, it was not received by the Appellant until 09 August 2023. The Trust maintained its position on the same grounds as given in the initial response.

The Appellant initially complained to the Commissioner in relation to the perceived delay in the internal review on 27 June 2023, and then about the Trust’s application of the exemptions on 15 August 2023.