Department for Education

The complainant has requested copies of the assessments generated by officials on the possible impact that the Wave 1 free schools would have on other educational establishments. The assessments are required to be produced under section 9 of the Academies Act 2010. The Department for Education (DfE) confirmed that it held this information but claimed it was exempt from disclosure under section 36 (effective conduct of public affairs) of FOIA. The Commissioner’s decision is that section 36 is engaged but that the public interest in disclosure outweighs the public interest in maintaining the exemption. He therefore requires the DfE to disclose the requested information in order to comply with the legislation subject to the redaction of a limited amount of information described at paragraph 52 in the notice. Information Tribunal appeal EA/2013/0086 withdrawn.