The complainant has requested information about communications and meetings between a named official and a number of other professionals. The Department for Education (DfE) provided some information but refused the majority of it under section 36(2) – prejudice to the conduct of public affairs and 40(2) – third party personal data. The Commissioner’s decision is that the DfE has correctly applied sections 36(2) and 40(2) to withhold the requested information. However the original refusal notice it provided to complainant was invalid as it was issued before the DfE had obtained the qualified person’s opinion that section 36 was engaged. This resulted in a breach of section 17(1). The Commissioner does not require the public authority to take any further action in this matter.
FOI 17: Complaint upheld FOI 40(2): Complaint not upheld FOI 36: Complaint not upheld
Citations:
[2018] UKICO fs50723591
Links:
Jurisdiction:
England and Wales
Information
Updated: 18 November 2022; Ref: scu.628274