Department for Education

The complainant has requested the list of applications to open 16-19 Free Schools and UTC’s in September 2012, including their geographical areas. The Department for Education (the ‘DfE’) refused the request on the basis that the information related to the formulation and development of government policy (section 35(1)(a)). DfE also applied the section 21 and section 22 exemptions. The Commissioner’s decision is that the section 35(1)(a) exemption is engaged but after considering the public interest arguments he has concluded that the public interest favours disclosure of the requested information. The Commissioner also found that the section 21 and section 22 exemptions were not engaged. The Commissioner requires the public authority to disclose the requested information. Information Tribunal appeal number EA/2012/0136 dismissed.