The Information Commissioner’s Office (ICO) has issued an enforcement notice against University Hospitals Birmingham NHS Foundation Trust (UHB) due to “continuing non‑compliance” with both section 1(1) FOIA (duty to confirm or deny and disclose information) and section 10(1) FOIA (20‑working‑day response time) following a backlog of 432 FOI requests.
The ICO began examining UHB’s performance after observing significant delays on the WhatDoTheyKnow platform and receiving complaints under section 50 FOIA. When asked for performance data, the Trust produced three conflicting data sets and ultimately confirmed that between October 2024 and 18 March 2026 it received 1,654 requests, of which only 54.5% were answered within the statutory deadline.
As of 18 March 2026, UHB held a backlog of 432 unanswered requests, including:
- 158 requests more than 12 months old
- 70 between nine and 11 months old
- 72 between six and eight months old
The ICO noted that the Trust had been prioritising new requests over clearing historical ones, leading to a number of long‑standing breaches.
At a meeting with the ICO, UHB explained that it consistently receives 100–200 FOI requests per month, which it said mirrors trends across large NHS trusts. It also admitted that senior‑level oversight of FOI compliance had historically been weak, though FOI governance has improved over the past 20 months.
However, the Trust does not expect to receive additional resources and is instead looking at automation tools, better mapping of FOI leads, and improved coordination with clinical departments.
Given the sustained low compliance rate, serious backlog and the age of outstanding requests, the Commissioner concluded that an Enforcement Notice was required to secure statutory compliance.
The Notice requires UHB to, within six months, bring every overdue FOI request (beyond 20 working days) into compliance by communicating the requested information under s1(1)(b) FOIA or issuing a valid refusal notice under s17 FOIA.
The ICO also ordered the trust to devise and publish an FOI Action Plan, supported by a “lessons learned” exercise identifying the root causes of delays and the measures needed to prevent recurrence within 35 calendar days. UHB has 28 days to appeal the Notice to the First‑tier Tribunal (Information Rights). An appeal suspends the duty to comply until determined or withdrawn.
