Summary: The complainant requested a considerable amount of information under the Freedom of Information Act 2000 (-˜the Act-™) from the Department for Education (-˜the DfE-™). The request concerned the cost of it appealing the results of a number of cases about the rights of teachers working in European Schools right up to the Supreme Court. The DfE provided some information, gave some other estimates and explained that it had no obligation to provide information that had not yet been generated. The complainant referred the case to the Commissioner. During the course of the investigation, the complainant agreed to focus his complaint on the information contained in the Ministerial Submissions about the costs to the DfE of continuing the litigation. Further information was located and provided by the DfE. The Commissioner finds that on the balance of probabilities the DfE holds no further relevant recorded information that falls within the scope of the complaint. However, he finds that the failure to provide the information now disclosed during his investigation was a breach of section 1(1)(b) and 10(1). He also finds that there were other procedural breaches of section 10(1), but requires no remedial steps to be taken in this case.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld