The complainant has requested information about psychological assessment screening. The Isle of Wight NHS Trust (‘the Trust’) advised it does not hold the requested information. The Commissioner’s decision is as follows: It has become apparent that the Trust has failed to obtain the correct objective reading of the request. In line with the duty under section 16(1) of the FOIA, it would have been reasonable for the Trust to offer the complainant advice and assistance in order to help them describe the requested information. Because it did not do so, the Trust did not comply with section 16(1). The Commissioner requires the Trust to take the following step to ensure compliance with the legislation: The Trust must offer the complainant appropriate advice and assistance so as to enable them to clarify their request; setting out what it needs from the complainant in order to identify the requested information. If the complainant is genuinely seeking specific information, then the onus is on them to engage with the Trust to help unsure the Trust understands what recorded information it is that they are seeking.
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