Department for Education

The complainant requested information which the Department for Education (the “DfE”) had used in order to make its provisional decision in relation to its funding position for the Building Schools for the Future programme for Sandwell Metropolitan Borough Council (“Sandwell MBC”). This information was withheld under the formulation of government policy exemption (section 35) and the legal professional privilege exemption (section 42). The complainant only challenged the DfE’s use of section 35, and therefore this decision notice has only considered the information withheld under this exemption alone. The Commissioner’s decision is that the DfE has correctly withheld this information under section 35(1)(a). Therefore the Commissioner does not require the DfE to take any steps.