Information Commissioner's Office

Hendre Infant School

5 December 2016, Education (School)

The complainant has requested various items of information in support of an on-going issue between herself and the Governing Body of Hendre Infants School (‘The Governing Body’). The Governing Body, provided some information, confirmed that it did not hold other information and also withheld some by virtue of section 40(2) of the FOIA. The Commissioner’s decision is that the Governing Body does not hold the information in respect of items 1,3,5,6,7,8,9,15 and 18 of the request, nor items 6 and 7 under the heading of Further and in regard to. However, as the Governing Body has subsequently provided the information in respect of item 22 to the Commissioner, it has breached section 1(1) of the FOIA with its response to this item of the request.  The Governing Body has also correctly relied on section 40(2) in relation to items 4,11,12,20 and 23 of the request. However, its failure to provide a response within the stipulated timescales, represents a breach of section 10 of the FOIA. In failing to provide particulars of its procedure for dealing with complaints about the handling of requests for information, and the complainant’s rights conferred by section 50, the Governing Body also breached sections 17(7)(a) and 17(7)(b) of the FOIA. The Commissioner does not require the public authority to take any steps.

FOI 1: Partly upheld FOI 10: Upheld FOI 17: Upheld FOI 40: Not upheld