ICO hits NHS Trust and police force with enforcement notices over hundreds of unanswered FOI requests

The Information Commissioner's Office (ICO) has issued enforcement notices against Devon and Cornwall Police and Barking, Havering and Redbridge Hospitals NHS Trust over hundreds of unanswered freedom of information (FOI) requests.

Devon and Cornwall Police had a backlog of 251 FOI requests as of June 2024, while the NHS Trust had a backlog of 785 requests.

In the case of the NHS Trust, the ICO became aware of problems at the institution after receiving a series of complaints in June 2023.

It was later revealed that, over 12 months, the Trust had only responded to 29% of requests during the statutory 20 working day timeframe, with January 2024 seeing just 2.5% of requests responded to in a timely manner. 

The Trust had a backlog of 589 requests in April 2024, which increased to 785 by June 2024.

The ICO's enforcement notice provides the Trust with 35 days to devise and publish an action plan to clear its backlog by the end of the year.

Meanwhile, the ICO found Devon and Cornwall Police to be performing poorly during routine work to monitor public authorities' compliance with FOI legislation.

Upon inspection, the ICO found that between 2022 and 2024, the percentage of requests responded to within the statutory FOI timeframe was consistently low (between 39% and 65%).

The ICO said their rate of response to internal review requests was also poor, averaging between 0% and 22%.

The force had a backlog of older FOI requests, which had increased from 77 in December 2023 to 251 in June 2024. 

The ICO's enforcement notice orders the force to devise and publish an action plan in the next 30 days detailing how it will comply with its duties to respond to information requests in a timely manner.

The force has been given six months to clear the existing backlog. 

An enforcement notice may be served where the ICO is satisfied that a public authority has failed to comply with any of the requirements of Part I of the Freedom of Information Act 2000.

If a public authority fails to comply with an enforcement notice, the ICO may commence court proceedings under section 54 of the Act, which may be dealt with as contempt of court.

Matthew Trainer, Barking, Havering and Redbridge Hospitals NHS Trust's chief executive, said: “Our response to FOI requests has not been good enough. We’ve faced significant challenges including staff shortages.

“We are working hard to improve and have responded, on time, to 99% of new requests since May. We have an action plan to address our backlog and will publish regular updates on our progress.”

Devon and Cornwall Police has been approached for comment.

Adam Carey