Summary: The complainant has requested information relating to correspondence between the Department for Education (DfE) and Great Ormond Street Hospital and Ofsted. The DfE said that section 35(1)(a) was applicable in this case but has not provided its public interest considerations to the complainant and therefore hasn-™t determined where the balance of public interest lies. The Commissioner-™s decision is that the DfE has breached section 10(1) of FOIA as it has not provided the complainant with a full refusal notice within the statutory time for compliance. Although the DfE has complied with section 17(1) in stating which exemption is being relied upon, it has failed to comply with section 17(3) by failing to communicate the outcome of the public interest consideration within a reasonable time. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. The DfE should provide the complainant with a full refusal notice including public interest arguments or it should disclose the requested information.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Partly Upheld