7 September 2015, Central government
The complainant has requested information relating to the referrals of specific teachers to the National College for Teaching and Leadership (NCTL). Initially, the DfE refused the requests under section 40(2) and 40(5) of the FOIA. The Commissioner decided to consider the application of section 40(5)(b)(i) of the FOIA to both requests, as he considered this was the most appropriate exemption to cite to such circumstances. The Commissioner’s overall decision is that section 40(5)(b)(i) of the FOIA applies to both requests and therefore the DfE was not required to confirm or deny whether the requested information is held. The Commissioner requires no further action to be taken.
FOI 40: Not upheld