Callowland Surgery (Health) [2018] UKICO fs50704019 (25 April 2018)
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Callowland Surgery
The complainant has requested information relating to the prescribing of Dexamethasone and Cyclophosphamide. The Commissioner’s decision is that The Callowland Surgery (the surgery) has breached section 10 (time for compliance) of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Provide a response to the complainant’s request. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. The Commissioner notes that a medical practice itself is not for the purposes of FOIA a public authority. Rather, each GP who provides primary medical services is a public authority themselves and has a duty to reply to a request in accordance with section 1 of FOIA. However, the Commissioner acknowledges that when an applicant makes a freedom of information request to a medical practice it is reasonable to expect that the practice will act as the single point of contact and process the request on the doctors’ behalf. For the purposes of this decision notice all references to the medical practice should be regarded as referring to the public authority.
FOI 10:
Complaint upheld
Decision notice: fs50704019
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50704019.html
