Summary: The complainant requested information about care requirements for children. The Department for Education (DfE) did not initially consider the request under the FOIA. It provided some general information and directed the complainant to publications and websites where more information it considered relevant was publically available. During the Commissioner-™s investigation the DfE acknowledged the request as an FOIA request. It said that it did not hold the information and cited section 21 of the FOIA (information accessible by other means). The Commissioner-™s decision is that, on the balance of probabilities, the DfE does not hold the requested information. The Commissioner considers that the DfE contravened the requirements of section 1 and 10 of the FOIA in the handling of this request. He also considers that the DfE incorrectly cited section 21 as it does not hold the requested information that would be exempt from disclosure under this section. The Commissioner does not require the DfE to take any further action.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 10 - Complaint Upheld, FOI 21 - Complaint Upheld