Well I have finally got a decision from the ICO, and guess what? it goes in NHS Directs favour, although not 100%,
Here are the 2 main pages from the decision,the info runs to 18 A4 sheets and actually believes the lies that NHS Direct put out re section 38 of the act,(Health & Safety).
Reference: FS500*******
Freedom of Information Act 2000 (Section 50)
Decision Notice
Date: 30 July 2007
Public Authority: NHS Direct
Address: Marlborough Court
Sunrise Parkway
Linford Wood East
Milton Keynes
MK146DY
Complainant:
Address:
Summary
The complainant sought disclosure of the geographic telephone numbers for NHS
Direct. NHS Direct refused to disclose the information on the basis that it was exempt by
virtue of section 22 (future publication), section 38 (health and safety) and section 44
(prohibition on disclosure).
Following correspondence with the Commissioner it withdrew
the application of section 44. Having considered the complaint the Commissioner
decided that the information was not exempt under section 22. However he decided that
section 38 was engaged and that the public interest in maintaining the exemption
outweighed the public interest in disclosure.
The Commissioner also concluded that the
public authority had breached section 1 of the Act by incorrectly claiming the information
was not held and that it had breached the requirements of section 17 of the Act by failing
to issue an adequate refusal notice.The Commissioner's Role1. The Commissioner's duty is to decide whether a request for information made to
a public authority has been dealt with in accordance with the requirements of Part
1 of the Freedom of Information Act 2000 (the "Act"). This Notice sets out his
decision.
Reference: FS500******
The Decision63. The Commissioner has decided that
NHS Direct failed to comply with section
1(1 )(a) of the Act by initially incorrectly claiming that it did not hold the geographic
numbers.
64. Furthermore, the Commissioner has decided that
NHS Direct has breached
section 17(1) of the Act by failing to specify in its refusal notice the exemptions it
was relying on and why it applied.
65. The Commissioner has also decided
NHS Direct has breached section 17(7) of
the Act by failing to provide details of its complaints procedure or explain the right
to complain to the Information Commissioner.
66. The Commissioner has also decided that
NHS Direct incorrectly applied section
22 of the Act.67. However the Commissioner's decision is that the information requested is exempt
under section 38 of the Act because disclosure of the information would or would
be likely to endanger the health and safety of individuals and the public interest
favours maintaining the exemption.
Steps Required68. The Commissioner requires no steps to be taken.
So I nearly got it in my favour, but at the moment they are winning, as I said above the decision runs to 18 A4 pages, and as yet is not showing on the ICO's website so I cannot link to it, I am happy to forward it in an e-mail,( but that might have to be over several e-mails re how much my hrovider will allow over the net at one time), to anyone who would like to look at it and suggest, (in a PM, as they are aware of this site and this thread), anything I could put to an appeal against the decision, I have 28 calendar days to lodge such an appeal, also notice in the appeal details the contact number,(despite their "condemnation" in the decision of 0845 numbers by public bodies), their contact number is an 0845!!
Reference: FS500******
Right of Appeal69. Either party has the right to appeal against this Decision Notice to the Information
Tribunal. Information about the appeals process may be obtained from:
Information Tribunal
Arnhem House Support Centre
PO Box 6987
Leicester
LE1 6ZX
Tel:
0845 600 0877
Fax: 01162494253
Email: informationtribunakS^dca. gsi.gov.uk
Any Notice of Appeal should be served on the Tribunal within 28 calendar days of
the date on which this Decision Notice is served.
Dated the 30th day of July 2007
Signed ......^.l.t^P^y4^.....
Richard Thomas
Information Commissioner
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF