Learning Academy Partnership South West Trust (LAPSW)

The complainant made a request to the Trust for information relating to legal costs and Non-Disclosure Agreements (NDAs). The Commissioner finds that the Trust adopted an unduly narrow interpretation of the request and, as a result, failed to take reasonable and proportionate steps to identify information falling within its scope. In particular, the Trust did not revisit its interpretation after the complainant expressly clarified that the request was intended to include broader confidentiality arrangements. The Commissioner therefore finds that the Trust did not comply with section 1(1) of the FOIA. The Commissioner requires the Trust to conduct fresh searches for information falling within the scope of the request, applying a reasonable interpretation of “NDAs” which includes confidentiality agreements and arrangements and confirm whether it holds information. It should then either provide the information or issue a fresh refusal notice compliant with section 17 FOIA.