Summary: The complainant has requested a report containing complaints made against a Head Teacher at Chirbury Primary School (-the School-). The School refused to provide the requested information and relied upon section 40(2) of the FOIA. It stated that the information was personal data and its release would breach principle 1 of the Data Protection Act 1998 (-the DPA-) The Commissioner-s decision is that the School is entitled to rely on section 40(2) of the FOIA as a basis for refusing to provide the complainant with most of the requested information. However, the Commissioner considers that some of the requested information is not exempt under section 40(2) and this information should be disclosed. This is detailed in a Confidential Annex.
Section of Act/EIR & Finding: FOI 40 - Complaint Partly Upheld