Info Gov

The Information Commissioner’s Office (ICO) has issued a formal Enforcement Notice to the Queen Elizabeth Hospital King’s Lynn NHS Foundation Trust, over “long‑standing and systemic failures” to comply with statutory duties under the Freedom of Information Act 2000 (FOIA).

The action follows the Commissioner’s monitoring of FOI performance on the WhatDoTheyKnow platform and a separate section 50 complaint. The Trust was asked in December 2025 to supply performance data, which showed significant delays, severely low compliance rates, and an increasing backlog of unanswered FOI requests.

The ICO found a deterioration in FOI performance. Updated statistics provided by the Trust in February 2026 showed that for quarters two to four, its FOI compliance rate was only 26%, slipping further to 24% in quarter two. At the end of quarter four, the Trust had 95 outstanding requests, including 60 over three months old. Monthly FOI volumes were between 194 and 229 requests.

The Trust attributed its performance issues to several operational pressures, including:

  • No substantive FOI officer since September 2024, with recruitment delayed by financial constraints and a planned organisational restructuring.
  • Increased volume and complexity of FOI requests.
  • Outdated software, not built for FOI case management.
  • Loss of experienced staff, reducing the Trust’s ability to collate information.
  • Executive approval delays for sensitive requests.
  • Limited FOI awareness across departments and competing clinical priorities.

The Trust, however, said that it was committed to issuing high‑quality responses and reported strong performance on subject access requests under data protection law.

While the Commissioner said that he acknowledged the Trust’s efforts and constraints, concluded that enforcement action was both necessary and proportionate, citing the Trust’s continuing non‑compliance with section 1(1) FOIA (duty to inform and communicate information) and section 10(1) (20‑working‑day time limit).

The Enforcement Notice requires the Trust to clear all overdue FOI requests (those beyond 20 working days where a permitted extension has not been used) and to issue either the requested information or a valid refusal notice under section 17. This must be completed within six months.

Separately, within 35 calendar days, the Trust must publish a comprehensive FOI Action Plan, and conduct a “lessons learned” exercise, identifying root causes of delay and specifying mitigation measures for recurring issues.

The ICO also directed the Trust to make use of its FOI self‑assessment tools and template improvement plans.

Also in this section

Sep 23, 2026

Redacted rights: When does Article 10 ECHR confer a right to information?

A three-judge panel of the Upper Tribunal (Lady Poole, UTJ Citron and UTJ Brewer) in Cruelty Free International v Information Commissioner & Home Office [2026] UKUT 328 (AAC) has held that Article 10 ECHR can, in narrow circumstances, confer a right to receive information from a public authority - but that this particular Appellant still cannot have any. Georgina Pein analyses the ruling.
Sep 22, 2026

Tribunal blasts ICO for deciding EIR complaint without seeing withheld information

The First-tier Tribunal has dismissed an appeal against an Information Commissioner decision that a council's correspondence with a local newspaper about a resident was the resident's own personal data, but has criticised the Commissioner for reaching that decision without seeing the withheld information or engaging with the council, an approach it said caused months of delay and unnecessary cost.
Sep 18, 2026

Sector-wide hostility not enough for section 38(2) NCND "endangering effect" exemption

The Home Office was not entitled to neither confirm nor deny whether it held audit records for the Envigo RMS Belton animal research facility, the First-tier Tribunal has ruled, finding that evidence of a hostile environment around animal research did not establish the causal link to endangerment that section 38(2) of the Freedom of Information Act 2000 requires.
Sep 14, 2026

Tribunal upholds NI Prison Service refusal to reveal body scanner hit rate despite "wider public interest"

The First-tier Tribunal has dismissed an appeal against the Northern Ireland Prison Service's (NIPS) refusal to disclose how many X-ray body scans of prisoners produced a positive indication and how many led to the recovery of contraband, finding that the figures would be likely to prejudice the prevention of crime and the maintenance of prison security under section 31 of the Freedom of…
Sep 14, 2026

Ofqual overturns ICO order to disclose braille exam error notifications by consent

The Information Commissioner has conceded a First-tier Tribunal appeal by Ofqual and agreed that event notifications submitted by exam boards about errors in braille versions of GCSE and A level papers can be withheld under section 31(1)(g) of the Freedom of Information Act 2000, reversing a decision notice in which he had rejected the exemption and ordered disclosure.
Sep 14, 2026

Tribunal overturns "manifestly unreasonable" refusal after council's email tally falls apart

The First-tier Tribunal has ordered North Tyneside Council to respond afresh to a request for records about a school boundary fence after finding the council was not entitled to refuse it as manifestly unreasonable under regulation 12(4)(b) of the Environmental Information Regulations 2004, and that the evidence it relied on to show a burdensome course of dealings did not bear scrutiny.

InfoGov Masthead Newsletter 800