Information Commissioner's Office

Department of Education Northern Ireland

25 June 2014, Central government

The complainant has requested information relating to proposals concerning cross-border education. The Department of Education for Northern Ireland (DENI) provided some clarification in response but has refused the disclosure of the results of surveys on the potential demand for cross-border education under section 27(1)(a) (international relations) and section 35(1)(a) (formulation of government policy) or, insofar that section 35(1)(a) was found not to apply, section 36(2)(c) (prejudice to the effective conduct of public affairs) of FOIA. The Commissioner’s decision is that section 35(1)(a) of FOIA is engaged and that, in all the circumstances, the public interest in disclosure is outweighed by the public interest in maintaining the exemption.

FOI 35: Not upheld