Information Commissioner's Office

Summary: The complainants requested data and studies/reports/analyses about the operation of the 11+ system in Buckinghamshire schools. The Council provided some information but refused to provide raw data on the grounds that it was third party personal information, the release of which would contravene the Data Protection Act (section 40(2)). It also provided some reports/analyses, but failed to confirm or deny whether or not it held any other similar information. The Commissioner decided that the Council was not entitled to rely on section 40(2) to withhold the requested data, where there were more than 5 pupils taking the 11+ test at the school. He also found that the Council did not hold any other studies/reports/analyses which fell within the terms of the information request. However, he found that the Council had committed a number of procedural errors, and was in breach of sections 1(1)(a), and 10(1), of the Act. Information Tribunal appeal number EA/2009/0048 withdrawn.
Section of Act/EIR & Finding: FOI 10 - Complaint Partly Upheld, FOI 16 - Complaint Not upheld, FOI 17 - Complaint Not upheld, FOI 40 - Complaint Partly Upheld