The complainant requested information concerning any responses to the findings of Exercise Cygnus, including correspondence between The NHS Commissioning Board (NHS England) and the Department of Health and Social Care relating to Exercise Cygnus between October 2016 and 24 May 2020. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires NHS England to take the following steps to ensure compliance with the legislation. Issue a substantive response, under the FOIA, to the request. NHS England must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
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