Office for Standards in Education, Children's Services and Skills

The complainant made a freedom of information request to Ofsted for information gathered as a result of an investigation into a complaint made against a childminders. Ofsted refused the request by relying on the exemption in section 40(2) of FOIA. Whilst the Commissioner found that the exemption was engaged he also found that the correct approach would have been for Ofsted to have refused to confirm or deny if it held the requested information in accordance with section 40(5)(b)(i) of FOIA. The Commissioner requires no steps to be taken.