Information Commissioner's Office

Wharton CE Controlled Primary School

12 November 2015, Education (School)

The complainant requested various information from Wharton Primary School (the School) including reports, minutes of meetings, information about pay progression, a copy of the Headteacher’s contract of employment and information relating to IT and CCTV procurement. The Commissioner’s decision is that, on the balance of probabilities, some of the requested information is not held. He finds that the exemption as set out in section 43(2) of FOIA (commercial interests) is not engaged in relation to the information withheld by virtue of that section. He also finds that some of the information withheld by virtue of section 40(2) of FOIA (personal information) has been withheld incorrectly and that the School applied section 40(5) incorrectly. The Commissioner requires the public authority to disclose the withheld invoice information as requested in part 10. Disclose the Headteacher’s contract of employment, with the details of salary redacted. Provide to the complainant confirmation or denial of whether information falling with the scope of part 9 of the request is held. For any information within the scope of part 9 that is held, either disclose this to the complainant or provide a refusal notice valid for the purposes of section 17 of FOIA setting out why this information will not be disclosed. 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.

FOI 1: Not upheld FOI 40: Partly upheld FOI 43: Upheld