Information Commissioner's Office

Department for Education

11 July 2017, Central government

The complainant made a request to the Education Funding Agency (EFA), an executive agency of the Department for Education (DfE), for a copy of an internal audit report carried out on Collective Spirit Multi Academy Trust. The DfE refused the complainant’s request, citing the exemptions under sections 36(2)(b)(ii) (free and frank exchange of views), 36(2)(c) (otherwise prejudice effective conduct of public affairs) and 33 (audit functions) of the FOIA. The Commissioner’s decision is that section 36(2)(b)(ii) is engaged  and that, in all the circumstances, the public interest in disclosure is outweighed by the public interest in withholding the requested information. Accordingly she has not gone on to consider sections 36(2)(c) or 33. The Commissioner does not require the DfE to take any steps as a result of this decision notice.

FOI 36: Not upheld