Department for Education

The complainant requested copies of legal advice considered by the Minister when determining legislation relating to the maximum age at which a child could be withdrawn from Sex and Relationship Education (“SRE”). The Department for Education (DfE) withheld information under sections 35(1)(a) (information relates to the formulation and development of government policy) and 42(1) (legal professional privilege). It also explained its belief that the public interest favoured maintaining each exemption. The complainant requested an internal review and the DfE maintained its position. The Commissioner finds that the DfE was entitled to withhold the information by virtue of section 42(1). He has found that the exemption was engaged and that the balance of public interest favours maintaining the exemption. He has not therefore gone on to consider section 35(1)(a). He requires no remedial steps to be taken in this case.