Department for Education

The complainant made a request for information relating to the Review of Post-18 Education and Funding. The Department for Education (DfE) confirmed that it does not hold some of the requested information (part 1 of the request) and refused to comply with part of the request as it does not consider it to be a request for recorded information (part 2 of the request). The Commissioner considers that DfE does not hold the information requested at part 1 of the request under section 1(1)(a) FOIA and as part 2 of the request asks for an assurance rather than recorded information DfE is not obliged to respond under FOIA. This is because FOIA only applies to information that a public authority already holds in recorded form at the time of a request. The Commissioner requires no steps to be taken. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0292 struck out.