Cabinet Secretary for Health & Social Care correspondence regarding Pathways Trial: FOI release

Information requested

Any correspondence sent or received by Neil Gray relating to the new UK clinical trial to assess the risk and benefits of puberty suppressing hormones in children.

Response

I enclose a copy of some of the information you requested.

Some of the information you have requested is available online via the following link:

PATHWAYS TRIAL and CONNECT launch | King's College London 

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections S30(b)(i) (free and frank provision of advice), and S38(1)(b) (personal information)] of FOISA applies to that information.

Section 30(b)(i) of FOISA states that information is exempt ‘if its disclosure would, or would like to, inhibit substantially the free and frank provision of advice.’

This exemption is subject to the 'public interest test'. Taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information as part of open, transparent and accountable government outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. This is because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognises the need for Ministers to have a private space within which officials can provide free and frank advice and views to Ministers regarding developments and positions in relation to specific policy. They require full, robust and candid advice from officials to robustly present and defend the position and decisions in parliament, to which they are accountable, and to public. Disclosure of such information, especially for a sensitive area that attracts significant public and political interest and generates misinformation, could lead to reduction in the comprehensiveness and frankness of such advice in the future.

Section 38(1)(b) states that “information is exempt information if it constitutes personal data and the first, second or third condition is satisfied (see subsections (2A) to (3A)).” Subsection 2A(a) states that “the first condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles”.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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FOI 202500497701 - Information Released - Annex

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