Department for Education

The complainant has requested the Department for Education (the DfE) to disclose the application and any supporting documentation it received for the Sandymoor Free School. The DfE refused to disclose this information citing sections 36(2)(b) and 36(2)(c) of the FOIA. The Commissioner has reviewed the withheld information and considered the arguments submitted by the DfE and the complainant. He has decided in this case that sections 36(2)(b) and 36(2)(c) of the FOIA do apply. However, he has reached the decision that the public interest in favour of maintaining this exemption is outweighed by the public interest in favour of disclosure and therefore the requested information should be released. The Commissioner requires the DfE to take the following steps to ensure compliance with the legislation: the DfE should disclose the information withheld under sections 36(2)(b) and (c) to the complainant. Information Tribunal appeal EA/2014/0108 dismissed.