Information Commissioner's Office

Department for Education

26 August 2014, Central government

The complainant has requested copies of correspondence between the Department for Education (DfE) and Patrick Kelly, the now retired Archbishop of Liverpool, about the provision of education in the Archdiocese and information recording the outcomes of this correspondence. The DfE confirmed that it held information covered by the request but considered this was exempt information under sections 36(2)(b) and (c) (prejudice to the effective conduct of public affairs) of FOIA, finding that the balance of the public interest favoured maintaining the exemption. During the course of the Commissioner’s investigation the DfE also introduced the exemption set out at section 41 (information provided in confidence) of FOIA as a further ground for withholding three items of correspondence included in the requested information. The Commissioner’s decision is that items 1, 2 and 3 of the requested information engage section 36(2)(b) and that on the balance of the public interest does favour maintaining the exemption. In light of this finding, the Commissioner has not had to consider the separate application of section 41 of FOIA. With regard to items 4 and 5, the Commissioner has also decided that the exemptions in section 36(2)(b) and/or (c) are engaged but that in all the circumstances the public interest favours disclosure. He therefore requires the DfE to disclose this information with the exception of a limited amount of personal data that is considered to be exempt under section 40(2) (third party personal data) of FOIA.

FOI 36: Partly upheld FOI 40: Partly upheld