Department for Education

The complainant has requested information relating to the National Tutoring Programme. The Department for Education disclosed some information but relied on section 36 of FOIA (prejudice to effective conduct of public affairs) to withhold the remainder. The Commissioner’s decision is that the DfE has not demonstrated that either section 36(2)(b)(i) or 26(2)(b)(ii) of FOIA is engaged in respect of the non-statistical information. Whilst section 36(2)(c) is engaged in respect of this information, the balance of the public interest favours disclosure. The remaining information is statistical information and the DfE has not demonstrated that any of the limbs of the exemption are engaged. The DfE is therefore not entitled to rely on any limb of the exemption to withhold the statistical information. The Commissioner requires the DfE to take the following steps to ensure compliance with the legislation: disclose, to the complainant, the information it has withheld.