St Augustine’s School (Education) [2020] UKICO IC-46257 (18 November 2020)
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St Augustine’s School
The complainant has requested information about complaints and staff qualifications. St Augustine’s School (‘the School’) disclosed information relevant to one part of the request. It relied on section 12(1) of the FOIA (cost exceeds the appropriate limit) to refuse to comply with two parts and withheld information requested in the remaining five parts of the request under section 40(2) of the FOIA (personal data). The complainant disputed the School’s reliance on section 12(1) and section 40(2). During the course of the Commissioner’s investigation the School withdrew its reliance on section 40(2) with regard to two parts of the request and released this information to the complainant. The Commissioner’s decision is as follows: The School is entitled to rely on section 12(1) of the FOIA to refuse to comply with the request for information about informal complaints in parts 1 and 2 of the complainant’s request, as it would exceed the appropriate cost limit to do so. The Commissioner finds that no breach of section 16(1) occurred (advice and assistance). The information requested in parts 6, 7 and 8 of the request is the personal data of third persons and is exempt from disclosure under section 40(2) of the FOIA. The School breached section 10(1) of the FOIA with regard to parts 4 and 5 of the request as it did not communicate the information it holds to the complainant within 20 working days of receiving the request. The Commissioner does not require the School to take any remedial steps.
FOI 10:
Complaint upheld
FOI 40:
Complaint not upheld
FOI 16:
Complaint not upheld
FOI 12:
Complaint not upheld
Decision notice: IC-46257
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-46257.html