Steven Armstrong v The Information Commissioner

Facts

The appellant, Steven Armstrong, indicated an intention to bring a negligence claim against the NHS concerning the death of his mother. NHS Resolution, the authority responsible for investigating, responding to, resolving and where appropriate defending legal claims against the NHS, commissioned expert medical opinions in connection with its evaluation of that claim. By email of 28 February 2025 the appellant asked the authority for copies of the expert opinions obtained "as part of my claim", adding that if necessary it should be treated as a data access or FOI request. The authority responded on 6 March 2025, treating the request as a subject access request, which it largely refused on the basis of legal professional privilege. On internal review, requested the following day, the authority upheld that approach on 3 April 2025 and observed that section 40(1) of the Freedom of Information Act 2000 would in any event have prevented disclosure to the appellant of his own personal information under that Act. The appellant complained to the Information Commissioner the same day. By a decision notice dated 9 July 2025 the Commissioner concluded that the only correct response under the Act would have been for the authority to rely on section 40(5A) of the Freedom of Information Act 2000 to refuse to confirm or deny that it held the information, and required no further steps. The appellant appealed to the First-tier Tribunal.