The complainant has requested Manchester University NHS Foundation Trust (the trust) to disclose information relating to the gynaecological procedures/operations carried out by a particular consultant. Initially the trust advised that the requested information was not held and some was exempt under section 40 of the FOIA. At the internal review stage it maintained this position but also claimed a late reliance on section 12 of the FOIA for some elements of the request. With regards to the information that is not held, the Commissioner is satisfied that on the balance of probabilities the recorded information is not held. In terms of the trust’s application of section 12 and 40 of the FOIA, the Commissioner is satisfied that these sections apply to the respective elements of the complainant’s request. However, the Commissioner has found the trust in breach of sections 1, 10 and 16 of the FOIA. For section 16 of the FOIA, the Commissioner requires the trust to provide the complainant with advice and assistance so far as it is reasonable to do so.
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