DHSC reply to the May patient-assessment request, 8 June 2026

JBD request: 8 May 2026 · JBD filing reference: FoI_1C2a · Authority case reference: FOI-1704324

JBD request date: 8 May 2026
JBD internal filing reference: FoI_1C2a
Authority case reference: FOI-1704324

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DHSC assessment requests

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Freedom of Information Team
Department of Health and Social Care
39 Victoria Street
London SW1H 0EU

www.gov.uk/dhsc

Mr Peter Lindsay
By email to: pete.lindsay@justicebydesign.org.uk
8 June 2026

Dear Mr Lindsay,

Freedom of Information Request Reference FOI-1704324

Thank you for your request dated 8 May to the Department of Health and Social Care
(DHSC), a copy of which can be found in the accompanying annex.

Your request has been handled under the Freedom of Information Act 2000 (FOIA).

DHSC holds information relevant to your request. However, to provide the information as it
is currently framed would exceed the appropriate cost limit set out in the FOIA.

Section 12(1) of the FOIA means public authorities are not obliged to comply with a
request for information if they estimate the cost of complying would exceed the appropriate
limit. The appropriate limit for DHSC is set at £600, which represents the cost of one
person spending 24 working hours determining whether we hold the information, and
then locating, retrieving and extracting the information.

As part of assessing whether the Department held information within scope of your
request, we undertook a sample search to estimate the volume of material and the cost of
compliance. This sample search covered the policy mailbox, the wider team mailbox, and
the emails of one policy official.

The sample search identified approximately 640 files as potentially within scope. Based on
the time required to review these records, we estimate that the cost of completing this
exercise would be £553 for the sample alone.

Given that this represents only a partial search, we estimate that conducting a full and
comprehensive search across all relevant mailboxes and records would exceed the £600
cost limit set out in section 12 of the Freedom of Information Act 2000.

We are therefore unable to comply with this part of your request and have applied a
section 12 exemption. Consequently, we will not be answering your request.

Although we cannot answer your request at the moment, we may be able to answer a
refined request within the cost limit. You may wish to consider, for example, focusing your
request on a specific aspect of the regulations or by reducing the time period covered. In
addition, you may wish to consider limiting your request to one of three elements of your
request. Please be aware that we cannot guarantee at this stage that a refined request
would fall within the FOIA cost limit, or that other exemptions will not apply.

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If you are not satisfied with the handling of your request, you can request we undertake an 
internal review. If doing so, it would be helpful for you to be explicit which areas of the 
Freedom of Information response you consider dissatisfactory. Complaints to us should be 
sent to freedomofinformation@dhsc.gov.uk or to the address at the top of this letter and be 
submitted within 40 working days of the date of this letter. 
 
Please remember to quote the reference number above in any future communication. 
 
If you are not content with the outcome of your internal review, you may complain directly 
to the Information Commissioner’s Office (ICO). Generally, the ICO cannot make a 
decision unless you have already complained to us about our original response and 
received our response to your complaint and, if applicable, our internal review decision. 
You should raise your concerns with the ICO within six weeks of your last substantive 
contact with us. 
 
Guidance on contacting the ICO can be found at https://ico.org.uk/global/contact-us and 
information about making a complaint can be found at https://ico.org.uk/make-a-complaint. 
 
Yours sincerely, 
 
Freedom of Information Team 
freedomofinformation@dhsc.gov.uk

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FoI_1C2a 08/05/2026 
FOI_1C2a – DHSC 
08 May 2026 
Freedom of Information Request — Follow-on clarification relating to SI 
2018/1055 and DHSC involvement 
This request is made under the Freedom of Information Act 2000. 
This is a new request. It is not a continuation or refinement of previous requests. 
Context (for reference only) 
This request is informed by material disclosed by the Home Office in response to 
FOI2026/03841 (FOI1C1A), including Annex B titled: 
“Cannabis: Options on Definition of Cannabis Based Medicinal Products” (13 
September 2018) 
That material is attached solely as contextual information to assist in identifying 
relevant recorded information. The attached material does not form part of the 
request itself. 
The disclosed material appears to: 
• identify a residual cohort of patients who may continue to require smoking as
a route of administration;
• recognise clinically conceivable circumstances in which smoking may occur;
and
• recommend that smoking nonetheless be prohibited through Regulation
16A(3) of the Misuse of Drugs Regulations 2001.
In response to FOI2026/03126, the Home Office stated: 
“The Public Sector Equality Duty is a duty imposed by the Equality Act 2010 on 
public authorities. It is not allocated between departments, but applies to each 
authority in exercising its functions. In the case of SI 2018/1055, this included the 
Home Office when the legislation was made.”  
This request seeks clarification of whether DHSC considered, advised upon, or 
raised concerns relating to the patient cohort and foreseeable consequences 
referenced in the disclosed Home Office briefing material. 
Requested information 
Please provide any recorded information held by the Department of Health and 
Social Care evidencing: 
ANNEX

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 FoI_1C2a 08/05/2026 
(1) DHSC ministerial briefing, submissions, or decision material 
Whether the same, similar, or related briefing material concerning the identified 
residual patient cohort and smoking restriction was provided to DHSC ministers, 
special advisers, or senior officials during the development of SI 2018/1055. 
This includes any: 
• ministerial submissions;  
• ministerial decision logs;  
• briefing papers;  
• internal recommendations;  
• or related correspondence  
concerning: 
• the proposed smoking restriction;  
• Regulation 16A(3);  
• or the identified patient cohort referenced in the attached material.  
If held, please provide: 
• copies of such material; or  
• where exempt, sufficient description to identify:  
o the nature of the material,  
o recipient(s),  
o and subject matter.  
 
(2) DHSC consideration of the identified cohort 
Any recorded consideration, advice, discussion, concern, or assessment relating to 
the patient cohort identified in the attached material as potentially continuing to 
require smoking as a route of administration. 
This includes any recorded consideration of: 
• patients transitioning from illicit cannabis use to prescribed CBPMs;  
• expected behavioural compliance challenges;  
• expected patient responses to a total prohibition on smoking.

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 FoI_1C2a 08/05/2026 
(3) DHSC consideration of consequences arising from Regulation 16A(3) 
Any recorded consideration of the foreseeable consequences for that cohort arising 
from Regulation 16A(3), including: 
• loss of lawful status solely by reason of route of administration; and  
• resulting exposure to criminal liability under the Misuse of Drugs Act 1971, 
including potentially in respect of legitimately dispensed prescription quantities 
held at the time; and  
• any consideration of patient safety, vulnerable patient groups, or equality-
related impacts arising from those consequences.  
 
Yours sincerely 
 
Pete Lindsay 
Justicebydesign.org.uk