Sport England
- Date 22 July 2024
- Sector Education
- Decision(s) FOI 40(2): Not upheld, FOI 41(1): Partly upheld, FOI 43(2): Upheld
The complainant submitted a request to Sport England for information on the final terms of reference/remit of Swim England’s Heart of Aquatics programme.
The Commissioner’s decision is that, in respect of the information withheld under section 40(2) (personal data) and pages 1-3 withheld under section 41(1) (information provided in confidence), Sport England was entitled to withhold the information. However, in respect of the information withheld on pages 17,18 and 20 under section 41(1), and the information withheld under 43(2) (commercial interests), Sport England was not entitled to withhold information.
The Commissioner requires Sport England to take the following steps to ensure compliance with the legislation.
• Disclose the withheld information on pages 7,10,11,13,17,18 and 20 with any personal data redacted in accordance with his guidance.
The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
Correction - The Commissioner has been alerted to the following errors: paragraph 13 – the collated document is 36, not 35 pages long; paragraph 22 -the statement should have been attributed to Swim England, not Sport England; paragraph 27, Sport England did provide Swim England’s comments on the application of section 41, however, the Commissioner was also referring to the third parties who were invited to tender, and this distinction should have been made clear.