Skip to main content
Hafan

Department For Education (DFE)

  • Date 24 June 2025
  • Sector Central government
  • Decision(s) FOI 21: Upheld, FOI 38: Not upheld

1. The complainant made a request to the Department for Education (“DfE”) for information regarding admissions to selective schools and pupil premium funding.  The DfE disclosed some information, applied section 21 of FOIA (information accessible to the applicant by other means) to some further information, and applied sections 40(2) (personal data of third parties), 38(1)(a) and 38(1)(b) (health and safety) of FOIA.

2. The Commissioner considers that the DfE correctly applied sections 38(1)(a) and (b) of FOIA in this case, however he finds that section 21 was incorrectly applied in relation to part of the request.

3. The Commissioner requires the DfE to take the following steps to ensure compliance with the legislation: 
Disclose the requested information to which it applied section 21 of  FOIA.

4. 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.