Natalia Silver v The Information Commissioner & Anor

Facts

The appellant, Natalia Silver, made a request on 12 January 2025 to the National Institute for Health and Care Excellence (NICE) under the Freedom of Information Act 2000. She asked for the percentage difference between the cost per monthly prescription of Ritlecitinib, which NICE had approved, and Baricitinib, which it had not, expressly stating that she was not asking for the actual cost of each drug. NICE replied on 29 January 2025 that the information was not held. On internal review it maintained that position, pointed to published list prices for the two drugs, and said that post-discount prices were exempt under section 43(2) of the Freedom of Information Act 2000; it also relied on section 41 of the Freedom of Information Act 2000. The appellant complained to the Information Commissioner on 31 March 2025. In a decision notice dated 11 December 2025 the Commissioner held that the information was held, that section 43(2) of the Freedom of Information Act 2000 was engaged and the public interest favoured maintaining it, that section 41 of the Freedom of Information Act 2000 was not engaged, that there was no breach of section 16 of the Freedom of Information Act 2000, and that NICE had breached section 1(1)(a), section 10(1) and section 17(1) of the Freedom of Information Act 2000, with no steps required. The appellant appealed to the First-tier Tribunal under section 57 of the Freedom of Information Act 2000.