The complainant has requested information about the number of students who achieved particular grades in a particular subject, when taught by particular teachers across five years. Caistor Grammar School (‘the School’) initially categorised the request as vexatious under section 14(1) of the FOIA. The School subsequently complied with the request, indicating that it does not hold some of the requested information and that information it does hold is exempt information under section 40(2)(personal data) and section 36 (prejudice to effective conduct of public affairs), with the public interest favouring maintaining the section 36 exemption. The Commissioner’s decision is as follows: The School does not hold some of the information that the complainant has requested but it breached section 1(1) and section 10(1) of the FOIA because it did not communicate this fact to the complainant within 20 working days. The relevant information that the School holds is exempt from disclosure under section 40(2) of the FOIA – it is the personal data of third persons and disclosure would contravene a data protection principle. The School breached section 17(1) as it did not issue an appropriate refusal notice within the required timescale of 20 working days. The Commissioner does not require the School to take any remedial steps.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 40: Complaint not upheld FOI 1: Complaint upheld
Citations:
[2019] UKICO fs50839014
Links:
Jurisdiction:
England and Wales
Information
Updated: 11 August 2022; Ref: scu.650225
