Department For Education (DFE)

The complainant has requested copies of correspondence regarding a parliamentary petition calling for the creation of a statutory duty of care in Higher Education. The Department for Education (DfE) disclosed some information, but it withheld most of it, citing sections 35 (Formulation of government policy), 40(2) (Personal information) and 42 (Legal professional privilege) of FOIA. The complainant disagreed with the “blanket” application of these exemptions, although they only challenged the application of section 40(2) to the extent that it may have been applied to withhold the name and contact details of a Senior Civil Servant. They also raised concerns about the DfE’s compliance with the duty to provide advice and assistance under section 16. The Commissioner is satisfied that the DfE did not apply section 40(2) to withhold a Senior Civil Servant’s personal data. His decision is that it was entitled to rely on sections 35 and 42 to withhold the remaining information specified in the request. He finds no failure to comply with section 16. Information Tribunal FT/EA/2025/0265 under appeal.