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Department for Education

  • Date 20 October 2016
  • Sector Central government
  • Decision(s) FOI 36: Upheld

The complainant has requested information from the Department for Education (DfE) relating to the proposal of the Weald of Kent Grammar School (Weald of Kent) for the development of an annexe in Sevenoaks. The complaint to the Commissioner concerns the DfE’s refusal to comply with two requests. The Commissioner has initially had to decide how the requests under consideration should be interpreted and has found that they only cover the business information submitted to the DfE by the Weald of Kent. The DfE considered that this fell within the ‘prejudice to the effective conduct of public affairs’ exemption to disclosure in section 36(2)(c) of FOIA. The Commissioner has determined the exemption is engaged but concluded that on balance the public interest favours disclosure. She therefore requires the DfE to disclose the requested information.