Department for Education
- Date 31 July 2024
- Sector Central government
- Decision(s) FOI 36(2)(c): Upheld, FOI 40(2): Not upheld
The Commissioner’s decision is that the Department for Education (DfE) incorrectly applied section 36(2)(c) of FOIA (prejudice to the conduct of public affairs) to the withheld local authority level information about appeals to the Secretary of State about Education and Health Care plans. However, the information is exempt under section 40(2) of FOIA as it can be categorised as personal data and disclosing this information would be unlawful.