Catholic Council for Maintained Schools
- Date 29 May 2018
- Sector Education
- Decision(s) FOI 36: Upheld, FOI 40: Not upheld
The complainant has requested information from the CCMS regarding panel interviews for a position at a specific school. The CCMS disclosed some of that information (“the withheld information”) however it refused to disclose the remainder, citing sections 40(2) and 36(2)(c) of the FOIA as a basis for non-disclosure.
The Commissioner’s decision is that the CCMS has correctly applied section 40(2) of the FOIA to part of the withheld information, however it has incorrectly applied section 36(2)(c) to the remaining withheld information. The Commissioner requires the CCMS to take the following steps to ensure compliance with the legislation:
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To disclose to the complainant the information withheld from him under section 36(2)(c). The CCMS must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.