The complainant has requested the Department for Education (DfE) to disclose the analysis conducted of each education sector in connection with the proposal to increase funding to teachers’ pensions employer contributions. Initially, the DfE refused to disclose the information under section 40 of the FOIA. Later the DfE applied section 35(1)(a) of the FOIA. During the Commissioner’s investigation the DfE also sought to rely on section 42 of the FOIA for a section of the withheld information labelled ‘Legal position’. The Commissioner’s decision is that while section 35(1)(a) is engaged, the public interest in favour of maintaining the exemption is outweighed by the public interest in favour of disclosure. With regards to section 42 of the FOIA, the Commissioner accepts that this applies to the section labelled ‘Legal position’ and that the public interest rests in maintaining this exemption. She requires the DfE to disclose the withheld information with the exception of the section labelled ‘Legal position’.
FOI 31(1)(a): Complaint upheld FOI 42: Complaint not upheld
Citations:
[2020] UKICO IC-45042-Z4G2
Links:
Jurisdiction:
England and Wales
Information
Updated: 25 October 2022; Ref: scu.656121
