Department for Education

The complainant has requested information relating to a free school presumption competition. The Department for Education provided some information and relied on section 36 (effective conduct of public affairs) and section 43 of the FOIA (commercial interests) to withhold the remainder. The Commissioner’s decision is that sections 36(2)(b)(i) and 36(2)(b)(ii) are engaged, but only in respect of some of the withheld information. However, where they are engaged, the balance of the public interest favours maintaining the exemption. The remaining withheld information engages both section 36(2)(c) and section 43(2) of the FOIA, but the Commissioner finds that the balance of the public interest only favours maintaining section 43(2). As the DfE failed to complete its public interest considerations within a reasonable timeframe, it breached sections 10(3) and 17(3) of the FOIA respectively. The Commissioner does not require further steps. First-tier Tribunal (General Regulatory Chamber) Information Rights appeal EA/2021/0368 appeal allowed in part.