Charcot Road
Colindale
NW9 5BG
Tel: 01923 366 7643
www.nhsbt.nhs.uk
Our ref: MOC/362669
Dear JJ Evans
Re: Information request
Thank you for your request dated 15th December 2018 for information from NHS
Blood and Transplant (NHSBT) regarding the Infected Blood Inquiry.
I am writing to advise you that we cannot provide you with the information requested
for the reasons detailed below.
Copies of all correspondence (this includes both physical and digital) to AND
from the Infected Blood Inquiry since 1st January 2018 to present day.
As a Core Participant of the inquiry under Section 32 (2) of the Freedom of
Information Act (2000) NHSBT is not obliged to release any information held ‘only by
virtue’ of being contained in documents that are created or held for the purposes of
court, inquiry or arbitration proceedings. This exemption applies to the information
which is held ‘only by virtue of the fact that, it is contained in a document that is either
(1) created by the inquiry or (2) placed in the custody of the inquiry, for the purposes
of the inquiry.
This is an absolute exemption and so no public interest test applies.
I have taken this decision because, the unauthorised disclosure of information which
has been placed in the custody of the Inquiry or its Officers, or which we, NHSBT,
have received by virtue of our active participation in the inquiry’s Business, can, in
certain circumstances, constitute an offence, particularly, but not exclusively, under
the Inquiries Act 2005, and Inquiry Rules 2006.
What information is released and when it is released into the public domain should
be decided by the Inquiry Chair and his officers in conjunction with those affected by
the matters being examined by the Inquiry.
I hope this is helpful in addressing your questions. Please quote the reference
number above in any future communications.
Yours sincerely
Wayne Lawley
Head of Corporate Communications
E-mail: xxxxxxxx.xxxxxxxx@xxxxx.xxx.xx
If you are unhappy with the service you have received in relation to your request and wish to make a
complaint or request a review of our decision, you should write to: Customer Services Operations
Manager, NHS Blood and Transplant, Charcot Road, Colindale, NW9 5BG (Email:
xxxxxxxx.xxxxxxxx@xxxxx.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 NHS Blood and Transplant (NHSBT). The Information
Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.