Clare Page v The Information Commissioner & Anor
| Judgment Date | 05 September 2025 |
| Neutral Citation | [2025] UKUT 308 (AAC) |
| Date | 05 September 2025 |
| Year | 2025 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
1
Neutral citation no: [2025] UKUT 308 (AAC)
Appeal No.UA-2023-001104-GIA
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER
Clare Page
Appellant
-v-
The Information Commissioner
1st Respondent
&
School of Sexuality Education
2nd Respondent
Before: Upper Tribunal Judge Mitchell
Hearing: 16& 17 September 2024, Rolls Building, Fetter Lane, London
Representation:
Appellant: Jonathan Moss, of counsel, instructed by Sinclairs Law
solicitors.
1st Respondent:Will Perry, of counsel, instructed by solicitor to The Information
Commissioner.
2nd Respondent:Susan Wright, of counsel, instructed on a direct access basis.
On appeal from:
Tribunal: First-tier Tribunal (General Regulatory Chamber)
Tribunal ref:EA 2022/0330
Date of decision:6 June 2023
Page v The Information Commissioner & School of Sexuality EducationUA-2023-001104-GIA
[2025] UKUT 308 (AAC)
2
SUMMARY OF DECISION
93. Information Rights.
93.4. Freedom of information – absolute exemptions.
Judicial summary
The First-tier Tribunal did not err in law in holding that a parent was not entitled, under
section 405 of the Education Act 1996 (the parental right to request a pupil’s excusal
from relevant sex education), to be provided with sex education teaching materials
relating to a sex education lesson after it had taken place. Section 405 is to be
construed as imposing an implied obligation to provide parents with information about
proposed relevant sex education although this is not necessarily a right to be provided
with all teaching materials. In the Appellant’s case, information was sought in relation to
sex education that had already been provided so that the information could not have
been sought for the purposes of deciding whether to exercise parental rights under
section 405.
The First-tier Tribunal did not err in law in deciding, for the purposes of section 41 of the
Freedom of Information Act 2000, that disclosure of sex education teaching materials,
prepared by an organisation commissioned to provide sex education at a maintained
school, would constitute an actionable breach of confidence. The Tribunal dealt properly
with the case before it, which bore little resemblance to the highly developed case on
the law of confidence that was argued before the Upper Tribunal. Had that case been
put to the First-tier Tribunal, the outcome might have been different but an appeal to the
Upper Tribunal limited to points of law cannot be used to remedy perceived
shortcomings in a party’s case before the First-tier Tribunal.
Please note the Summary of Decision is included for the convenience of readers. It does not form
part of the decision. The Decision and Reasons of the judge and members follow.
Page v The Information Commissioner & School of Sexuality EducationUA-2023-001104-GIA
[2025] UKUT 308 (AAC)
3
DECISIONS OF THE UPPER TRIBUNAL
The Appellant is granted permission to appeal against the First-tier Tribunal’s
decision (ref. EA 2022/230) to the extent described below in paragraph 243.
The decision of the First-tier Tribunal (ref. EA 2022/230) did not involve the making
of an error on a point of law. This appeal is DISMISSED under section 12(1) of the
REASONS FOR DECISION
Introduction
Terminology and meaning of certain references
1. In these reasons:
- “Commissioner” means The Information Commissioner (1st Respondent);
- “EA 1996” means the Education Act 1996;
- “EA 2002” means the Education Act 2002;
- “FOIA” means the Freedom of Information Act 2000;
- “relevant sex education” means sex education in respect of which a parent has the
right under section 405(1) or (3) EA 1996 to request that a pupil be excused
attendance in whole or in part (in these reasons, this right is often referred to as
the right of withdrawal although the right under section 405(3) is not absolute: see
paragraph 105 below);
- “RSE” means relationships and sex education;
- “the School” means Haberdasher’s Hatcham College which is a secondary school
with academy status and a member of the Trust;
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