Information Commissioner's Office

Summary: The complainant requested information which the Department for Education (the -�DfE-�) had used in order to make its decision on its funding position for the Building Schools for the Future programme for Sandwell Metropolitan Borough Council (-�Sandwell MBC-�). The DfE disclosed some information. However, the remaining information was withheld under the exemption for information reasonably accessible to the applicant (section 21), the formulation of government policy exemption (section 35) and the legal professional privilege exemption (section 42). During the investigation of the case the DfE also informed the Commissioner that it was seeking to rely upon the third party personal information exemption (section 40(2)). The complainant has not complained about the DfE-�s use of sections 21 and 42. Therefore this notice has only considered the information withheld under sections 35 and 40(2). The Commissioner-�s decision is that the DfE has correctly relied upon section 35 to withhold the outstanding withheld information. Therefore the Commissioner does not require any steps to be taken.
Section of Act/EIR & Finding: FOI 35 - Complaint Not upheld