Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Education (Central government) [2022] UKICO 117253 (7 June 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-117253.html

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Department for Education

The complainant has requested information relating to St Bede’s Free School Project. The Department for Education (DfE) withheld the requested information, citing section 36(2) (prejudice to the effective conduct of public affairs), section 42 (legal professional privilege) and section 40(2) (personal information). The Commissioner’s decision is as follows: • Section 36(2)(b)(i), (ii) and section 36(2)(c) are engaged but the public interest favours disclosure. • Section 42 (legal professional privilege) is engaged but the public interest favours disclosure. • The DfE is entitled to withhold the personal information of officials below the grade of deputy director in line with section 40(2). • In failing to respond to the request within twenty working days, the DfE breached section 10 (time for compliance with request). The Commissioner requires the DfE to take the following steps: • Disclose the information that engages section 36(2)(b)(i) and (ii), and section 42, that is a copy of all of the withheld information (with the information that engages section 40(2) redacted).

FOI 10: Complaint upheld FOI 40(2): Complaint not upheld FOI 41: Complaint upheld FOI 36(2)(b): Complaint upheld

Decision notice: ic-117253