Information Commissioner's Office

Ashfield School

12 February 2008, Education (School)

The complainant requested information from Ashfield School about the Chair of Governor’s investigation of a number of his grievances. The Governors have given the complainant some information, principally the minutes of the meeting where the grievances were heard. The complainant stresses that it is Chair’s notes of his investigation and any associated documents related to his complaints that he is seeking. The Commissioner has determined that the Governors were not obliged to confirm or deny whether it held the requested information by virtue of section 40(5) of the Act. This is on the basis that, if the information was held, it would constitute the complainant’s personal data and would be exempt under section 40(1). The Commissioner considers that the School should have treated the request as a subject access request under section 7 of the Data Protection Act 1998. He will now go on to make a separate assessment under section 42 of that Act.

FOI 40: Not upheld