Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Education (Central government) [2022] UKICO ic-119598 (25 April 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-119598.html
Cite as: [2022] UKICO ic-119598

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Department for Education

The complainant is a law firm acting on behalf of its client. On behalf of its client, the complainant requested information about SCL Security Ltd’s apprenticeship training. The Education and Skills Funding Agency (ESFA) withheld the information under section 36(2)(b)(ii) and section 36(2)(c) of FOIA, which concern the effective conduct of public affairs. ESFA is a government executive agency that is sponsored by the Department for Education (DfE) and has no separate legal basis other than that which comes from DfE. ESFA corresponded with the complainant but, in the circumstances, the Commissioner is satisfied that the complainant’s correspondence was, in effect, with DfE. DfE has dealt with the complaint to the Commissioner. DfE subsequently advised the Commissioner that it is relying on section 40(2) and section 41 to withhold the information. These exemptions concern personal information and information provided in confidence, respectively. DfE advised that in the event that the Commissioner finds these exemptions are not engaged, it may consider the suitability of other exemptions. The Commissioner’s decision is as follows: DfE is entitled to withhold the requested information under section 36(2)(c) of FOIA and the public interest favours maintaining the exemption. Section 41(1) of FOIA is also engaged as the information was provided to DfE in confidence. The Commissioner does not require DfE to take any corrective steps.

FOI 36: Complaint not upheld FOI 41: Complaint not upheld

Decision notice: ic-119598