Nigel Bottomley v Information Commissioner

Facts

The appellant asked the Countess of Chester Hospital NHS Foundation Trust, on 8 September 2025, for information about laboratory glucose testing in August 2015 and April 2016. The request had five questions: the manufacturer and model of the glucose analyser; the meaning of the code "AutoDft" and of a glucose result of 999.0 in a report released by the Thirlwall Inquiry; and whether a stated method was valid and in use. The Trust refused the request, relying on section 31(1)(a), (b), (c) and (g) of the Freedom of Information Act 2000, on the basis that information from the period might be pertinent to ongoing criminal investigations and other formal processes. The Trust maintained that position on internal review. In a decision notice dated 9 February 2026, the Information Commissioner concluded that questions 2 to 5 were not valid requests for recorded information under section 8 of the Freedom of Information Act 2000, because they sought clarification or explanation. As to question 1, he held that section 31(1)(a), (b) and (c) of the Freedom of Information Act 2000 was engaged and that the public interest favoured maintaining the exemptions. The appellant appealed on 11 February 2026, and the parties agreed that the appeal be decided on the papers.