Information Commissioner's Office

Department for Education

27 September 2017, Central government

The complainant has requested briefings sent to directors relating to the inspection of a number independent schools prior to the inspection of those schools by Ofsted. The Department for Education (DfE) refused the request under the exemptions provided by sections 31 – law enforcement, 36 – prejudice to the conduct of public affairs and section 40 – personal information. The Commissioner’s decision is that the DfE is not entitled to rely on the exemptions provided by section 31 and 36. However it is entitled to withhold the names and direct contact details of junior officials under section 40(2). The Commissioner requires the public authority to disclose the briefing note and email exchange identified by the department as falling within the scope of the request, apart from the personal data of junior officials.

FOI 31: Upheld FOI 36: Upheld FOI 40: Not upheld