NHS Borders has been found guilty of failing to comply with the Freedom of Information (Scotland) Act 2002 (FOISA) by the Scottish Information Commissioner.
A complaint to the commission claimed that NHS Borders failed to provide information in the timescale allowed, after a request was made about its policies and procedures to deal with the protection of staff and patients if staff are diagnosed as suffering from an infection.
The SIC ruling concluded: “It failed to respond to Dr Chappell’s request for information and requirement for review within the timescales laid down by sections 10(1) and 21(1) of FOISA.
“The Commissioner does not require NHS Borders to take any action in respect of these failures, in response to Dr Chappell’s application, given that a response has now been issued.”
On December 30, 2014, Dr Chappell made the request for information about infection policies and procedures and he received an acknowledgement about the request on January 14, 2015, but when the information asked for failed to materialise he then asked for a review and again a response to that request did not arrive within the 20 working period required by the FOI Act.
The issue was reported to the Scottish Information Commissioner and NHS Borders explained to the commissioner that it wrote to Dr Chappell on May 25, 2015, explaining that a response had been prepared on March 31, 2015, and it was assumed to have been lost in transit. It provided a copy of that response to Dr Chappell, containing the information he had requested.
As a response has now been provided to Dr Chappell, the Commissioner does not require NHS Borders to take any further action.