Information Commissioner's Office

Oswald Road Primary School

20 August 2015, Education (School)

The complainant has requested information relating to communications and correspondence between Oswald Road Primary School (“the School”) and its senior staff and governors regarding proposed changes to flexi-schooling arrangements.  The School disclosed the requested information in a redacted format, citing sections 36(2)(b)(ii) and 40(2) of FOIA as a basis for the application of the redactions to the information.  The complainant also asked the Commissioner to investigate whether the School held any further information within the scope of her request which it had not provided to her. The Commissioner’s decision is that the School has correctly applied section 40(2) to some of the requested information but has incorrectly applied it to other parts of that information.  In relation to section 36(2)(b)(ii) the Commissioner’s decision is that the School has incorrectly applied it.  In relation to whether further information within the scope of the request is held by the School, the Commissioner’s decision is that, on the balance of probabilities, the School does not hold any further information within the scope of the complainant’s request. The Commissioner requires the School to disclose to the complainant the withheld information which the Commissioner has outlined in the confidential annex to this Notice. The School must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.

FOI 36: Upheld FOI 40: Partly upheld