Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Education (Central government) [2022] UKICO 134878 (10 October 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/134878.html
Cite as: [2022] UKICO 134878

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Department for Education

The complainant has requested information relating to the Autumn 2021 exam policy. The DfE refused to provide the requested information, citing section 21 (information reasonably accessible to applicant via other means), section 35(1)(a) (formulation of government policy etc) and section 35(1)(b) (ministerial communications) of FOIA. The DfE also applied section 36(2)(b)(ii) (the free and frank exchange of views for the purposes of deliberation) and section 36(2)(c) (prejudice to the conduct of public affairs) ‘in the alternative’. The Commissioner’s decision is that: • Section 35(1)(a) is not engaged. • Section 35(1)(b) is engaged and the public interest favours maintaining the exemption. • Since section 35(1)(b) is engaged, and section 35 and section 36 are mutually exclusive, it follows that section 36 cannot apply. The Commissioner does not require the public authority to take any steps.

FOI 35(1)(a): Complaint upheld FOI 35(1)(b): Complaint not upheld

Decision notice: 134878