Department for Education
- Date 1 July 2022
- Sector Central government
- Decision(s) FOI 36: Not upheld, FOI 40: Not upheld
The complainant requested copies of correspondence exchanged with the London Borough of Sutton. The Department for Education disclosed some information but relied on section 36 (prejudice to the effective conduct of public affairs) and section 40 of FOIA (third party personal data) to withhold the remainder. The Commissioner’s decision is that the DfE is entitled to rely on section 36(2)(b)(ii) of FOIA to withhold the remaining information and that the balance of the public interest favours maintaining the exception. The Commissioner does not require further steps.