Department for Education
- Date 22 February 2012
- Sector Central government
- Decision(s) FOI 17: Upheld, FOI 35: Upheld, FOI 36: Not upheld, FOI 42: Not upheld
The complainant requested the release of documents in which corporal punishment was discussed in relation to part-time education providers between 3 August 2007 and 26 November 2008. The Department for Education (“DfE”) disclosed some information but withheld the remainder under sections 35, 36, 40 and 42 of FOIA. The Commissioner’s decision is that the DfE has correctly applied sections 36 and 42 to the information that it withheld under those exemptions. However, it has incorrectly applied section 35. In addition, it breached section 17 by failing to provide a refusal notice within 20 working days of receipt of the request. The Commissioner requires the public authority to disclose to the complainant the information to which it applied section 35 except for the personal data of junior officials.