Summary: The complainant requested information which the Department for Education (the -DfE-) had used in order to make its provisional decision in relation to its funding position for the Building Schools for the Future programme for Sandwell Metropolitan Borough Council (-Sandwell MBC-). This information was withheld under the formulation of government policy exemption (section 35) and the legal professional privilege exemption (section 42). The complainant only challenged the DfE-s use of section 35, and therefore this decision notice has only considered the information withheld under this exemption alone. The Commissioner-s decision is that the DfE has correctly withheld this information under section 35(1)(a). Therefore the Commissioner does not require the DfE to take any steps.
Section of Act/EIR & Finding: FOI 35 - Complaint Not upheld