Our ref: DE445841

 

   

20 October 2009

 

   

Dear Mr Davis

 

Thank you for your email of 22 September, which requested, under the Freedom of Information Act, documents relating to the Information Commissioner's recent decision notice FS50195059. 
 
You asked:

 

1. With reference to the case that resulted in the Information Commissioner's recent decision notice FS50195059 please could you provide me with copies of all the information you supplied to the applicant prior to decision notice being issued.

 

I attach the two redacted documents that were released prior to the decision notice: the business case that the Department provided to HM Treasury in 2002 on the new contract for consultants and part of Annex A of that business case.

 

2. Please supply me with a copy of the letter you have now been told to release as part of the Information Commissioner's decision notice FS50195059

 

The Department has not reached a decision on whether to appeal to the Information Tribunal regarding this case.  This information is therefore still exempt under s35(1)(a) and (b) of the Freedom of Information Act.  However, should the Department decide to release this letter, we propose to send a copy to you without further request.

 

I hope that this is helpful.  If you are unhappy with the Department’s handling of the Freedom of Information aspect of your request, you have the right to ask for an internal review.  Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

 

Head of the Freedom of Information Team

Department of Health

Room 317

Richmond House

79 Whitehall ,

London

SW1A 2NS

  

Email: xxxxxxxxxxxxxxxxxxxx@xx.xxx.xxx.xx

 

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Department.  The Information Commissioner can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Please contact me if you have any queries about this email.

 

Yours sincerely,

 

 

 

Lynn Swyny

FOI Case Manager