Selly Park Girls' School (Education) [2019] UKICO fs50799102 (11 July 2019)
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Selly Park Girls' School
The complainant has requested from Selly Park Girls’ School (‘the School’) a detailed list of maths topics that students in a particular year group will be taught. Having originally advised the complainant that it did not hold the requested information, the School’s revised position is that it holds relevant information but it is exempt from disclosure under section 43(2) of the FOIA (commercial interests), and that the public interest favours withholding this information. The Commissioner’s decision is as follows: The information the school holds is exempt information under section 43(2) and the public interest favours maintaining the exemption. At the time of the request the School breached section 1(1)(a) of the FOIA as it holds information falling within the scope of the complainant’s request but advised the complainant that it did not. The School breached section 17(1) as it did not issue a valid refusal notice within 20 working days following the date of receipt of the request. The Commissioner requires the School to take the following step to ensure compliance with the legislation: If it has not already done so, issue the complainant with a refusal notice that complies with section 17 of the FOIA.
FOI 17:
Complaint upheld
FOI 43:
Complaint not upheld
FOI 1:
Complaint upheld
Decision notice: fs50799102
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50799102.html