FS50749059



The complainant has requested information from the public authority on various issues involving the gastroenterology department, including information on discussions about reviews and outcomes of reviews. The Trust initially refused the request on the basis of section 14 and later stated it was seeking to rely on section 12 as complying with the request would exceed the cost limit. The Commissioner’s decision is that the Trust applied section 14(1) and 12(1) incorrectly as it did not demonstrate that the cost of the request would exceed the limit or that the burden of responding would outweigh any serious value the request had. The Commissioner finds that the Trust did comply with section 16(1) by providing advice and assistance but that this was not necessary as section 12 had been incorrectly applied. The Commissioner requires the public authority to write to the complainant with a fresh response to the request that does not rely on either section 12(1) or 14(1) of the FOIA.



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