Department for Education
- Date 21 February 2019
- Sector Central government
- Decision(s) FOI 17(3): Upheld, FOI 35(1)(d): Not upheld, FOI 41: Not upheld
The complainant has requested a copy of the arrangements with the Permanent Secretary and Cabinet Office to ensure that processes were in place to prevent any conflict of interest between Lord Theodore Agnew’s ministerial role and his charitable interests. The Commissioner’s decision is that the Department for Education (DfE) has correctly applied the exemptions at section 35(1)(d) and section 41(1)(a) and (b) of the FOIA. However, the DfE breached section 17(3) as it did not provide the complainant with public interest arguments associated with its application of section 35 within the statutory timeframe. The Commissioner does not require the public authority to take any steps.