Emerson Valley School

The complainant has requested information about governing board meetings from Emerson Valley School (EVS). EVS is part of the 5 Dimensions Trust. Under FOIA, 5 Dimensions Trust is the public authority, however, for the purposes of this decision notice EVS will be referenced throughout. EVS disclosed some information but withheld the remainder, citing section 40 of FOIA. During the Commissioner’s investigation a substantial amount of additional information was disclosed, leaving only a small amount which remained exempt under section 40 of FOIA. There was also some dispute over whether EVS held a headteacher’s report. The Commissioner’s decision is that EVS is entitled to rely on section 40 of FOIA for the remaining withheld information. And, on the balance of probabilities it does not hold the headteacher’s report referenced by the complainant. The Commissioner has however recorded breaches of section 1(1)(b) and 10 of FOIA for failing to provide information to the complainant which they were entitled to receive at the time it was ordered to issue a fresh response by the First Tier Tribunal (FtT). The Commissioner does not require any further steps to be taken.