Department for Education (Central government) [2019] UKICO fs50813018 (19 December 2019)
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Department for Education
The complainant requested information from the Department for Education (“the DfE”) relating to a specific academy trust being identified as a suitable sponsor for the Barclay School, Stevenage (“the Barclay School”), which is now known as Barclay Academy. The DfE provided some information to the complainant, but also withheld some information under section 36(2) – prejudicial to the effective conduct of public affairs – and section 40(2) – third party personal data. It also withheld some information as falling outside the scope of the request. The Commissioner’s decision is that the DfE correctly withheld some of the information in accordance with the relevant provisions of the FOIA. However, the Commissioner has determined that: the DfE incorrectly identified some information as falling outside the scope of the request; some of the information withheld under section 40(2) is not exempt; and the balance of the public interest favours the disclosure of some of the information withheld under section 36(2)(b)(i). The Commissioner requires the DfE to take the following steps to ensure compliance with the legislation: in relation to the information referred to in paragraph 21 and identified to the DfE in a covering letter, issue an appropriate fresh response that complies with the FOIA; disclose the name of the individual she has identified in paragraphs 54 – 68 where it appears throughout the information; and disclose the relevant portions of the letter identified in paragraph 86.
FOI 40(2):
Complaint partly upheld
FOI 36:
Complaint partly upheld
FOI 1:
Complaint partly upheld
Decision notice: fs50813018
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50813018.html
