Information Commissioner's Office

Activate Learning

6 October 2014, Education (College)

The complainant requested from Activate Learning (“the College”) a copy of a report concerning an investigation into allegations about misconduct by staff at the College (“the Report”). The College disclosed some information but withheld other information under the exemptions in sections 40(2) and 41 of FOIA. It also stated that it only held one of the appendices which had originally been attached to the Report. The Commissioner’s decision is that, on the balance of probabilities, the College only holds one of the appendices to the Report. He has also determined that the College has correctly withheld information under section 40(2), with the exception of the name of the consultant who carried out the investigation and prepared the Report. The Commissioner therefore requires the College to disclose to the complainant the name of the consultant who carried out the investigation and prepared the Report.

FOI 40: Partly upheld