The complainant has requested the second report produced by Sir Robert Naylor on NHS estates in London. The Department of Health and Social Care (DHSC) initially refused the request on the basis of section 43 and later also sought to rely on sections 41 and 35 of the FOIA. The Commissioner’s decision is that the section 35(1)(a) exemption is engaged and the public interest favours maintaining the exemption. The Commissioner has therefore not gone on to consider the use of the other exemptions and she does not require any steps.

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