Summary: The complainant has requested the names and locations of the 281 groups that applied (between 17 March 2011 and 15 June 2011) to open Free Schools in September 2012. The Department for Education (the -˜DfE-™) initially refused this request on the basis that the disclosure of the information would prejudice the effective conduct of public affairs [section 36(2)(c)]. During the Commissioner-™s investigation of this case the DfE instead relied upon the exemption for information that relates to the formulation and development of government policy [section 35(1)(a)]. The Commissioner-™s decision is that section 35(1)(a) is engaged. However, he has also decided that the public interest in maintaining this exemption does not outweigh the public interest in disclosure. Therefore the information should be disclosed. The Commissioner requires the DfE to disclose the requested information. Information Tribunal appeal number EA/2012/0166 dismissed.
Section of Act/EIR & Finding: FOI 35 - Complaint Upheld