Summary: The complainant has requested a list of all free school proposals received by the Department for Education (-DfE-) including the 323 received during the first wave and the 281 received during the second wave. The DfE refused the request on the basis that the information related to the formulation and development of government policy (section 35(1)(a)). The DfE also applied the section 21 and section 22 exemptions. The Commissioner-s decision is that the section 35(1)(a) exemption is engaged but after considering the public interest arguments he has concluded that the public interest favours disclosure of the requested information. The Commissioner also found that the section 21 and section 22 exemptions were not engaged. The Commissioner requires the public authority to disclose the requested information. Information Tribunal appeal number EA/2012/0167 dismissed.
Section of Act/EIR & Finding: FOI 21 - Complaint Upheld, FOI 22 - Complaint Upheld, FOI 35 - Complaint Upheld