Department For Education (DFE)

The complainant requested from Department for Education (DfE) information regarding errors identified during the “data cleanse” process when teachers apply for pensions. DfE provided the complainant with some information relating to the request (number of cases processed). However, it stated the remaining information at question one is not held by or on behalf of the Department. With regard to the second question, DfE estimated that to comply with the request would exceed the cost limit, and therefore applied section 12(1) (cost of compliance) of FOIA to question two. 
The Commissioner’s decision is that on the balance of probabilities, DfE does not hold any further information falling within scope of question one of the request. With regard to DfE’s reliance on section 12(1) of FOIA to question two of the request, the Commissioner finds that this exemption is not engaged.
The Commissioner requires DfE to take the following steps to ensure compliance with the legislation. 
•    Issue a fresh response to the complainant that does not rely on section 12(1) of FOIA. 
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.