Summary: The complainants requested statistical information about the operation of the 11+ system in Buckinghamshire schools. The Council provided some information but refused to provide certain other information on cost grounds (an implicit reference to section 12). It also refused other information on the grounds that it was third party personal information, the release of which would contravene the Data Protection Act (the exemption under section 40(2) of the Act, although not specifically cited by the Council). The Commissioner decided that the Council was entitled to rely on section 12 to withhold the requested information. However, he found that the Council was incorrect to rely on section 40(2) and had committed a number of procedural errors, and was in breach of sections 1(1)(b), 10(1), and 17(1),(5) and (7) of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 12 - Complaint Not upheld, FOI 40 - Complaint Upheld