Information Commissioner's Office

Department for Education

21 June 2017, Central government

The complainant has requested information from the Department for Education (DfE) for information about the performance of Regional Schools Commissioners against their Key Performance Indicators. The DfE provided the complainant with some of the requested information however refused to disclose the remainder citing section 36(2)(c) of the FOIA. The Commissioner has determined the exemption is engaged but concluded that on balance the public interest favours disclosure. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Disclose the data relating to Key Performance Indicator (KPI) 6. The public authority 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 36: Upheld