Essex Partnership University NHS Foundation Trust (Health) [2022] UKICO 151762 (12 September 2022)
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Essex Partnership University NHS Foundation Trust
The complainant made a request for information relating to the Review of Post-18 Education and Funding. The Department for Education (DfE) confirmed that it does not hold some of the requested information (part 1 of the request) and refused to comply with part of the request as it does not consider it to be a request for recorded information (part 2 of the request). The Commissioner considers that DfE does not hold the information requested at part 1 of the request under section 1(1)(a) FOIA and as part 2 of the request asks for an assurance rather than recorded information DfE is not obliged to respond under FOIA. This is because FOIA only applies to information that a public authority already holds in recorded form at the time of a request. The Commissioner requires no steps to be taken.
FOI 1:
Complaint not upheld
Decision notice: 151762
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URL: http://www.bailii.org/uk/cases/UKICO/2022/151762.html