Decision Notice FS50649041 (Office for Standards in Education, Children's Services and Skills)
| Case Outcome | Complaint partly upheld |
| Court | Information Commissioner (UK) |
| Record Number | FS50649041 |
| Date | 06 April 2017 |
| Respondent | Office for Standards in Education, Children's Services and Skills |
Reference: FS50649041
1
Freedom of Information Act 2000 (FOIA)
Decision notice
Date: 6 April2017
Public Authority:Ofsted
Address:7thfloor
Aviation House
125 Kingsway
London
WC2B 6SE
Decision(including any steps ordered)
1.The complainant has requested information gathered by Ofsted prior
to the publication ofits inspection report on The Oldham Academy
North (“the School”). Ofsted disclosed some of the information but
withheld some under section 40(2)(third party personal data)of the
Freedom of Information Act 2000(FOIA).
2.The Commissioner’s decision is that section 40(2) of the FOIA can
only be relied on in respect of some of the information to which it
hasbeen applied.
3.As the Commissioner has decided that some of the information is not
exempt from disclosure under the FOIA, she requires OFSTED to
take the following steps to ensure compliance with the legislation:
Disclose the following information to the complainant -
•The joining instructions for the inspection team (with contact details
redacted)
•The curriculum pathways information 2016-2018 for Intermediate
and Aspire groups
Reference: FS50649041
2
4.The public authority must take these steps within 35 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.
Request and response
5.On 26 July 2016, the complainant wrote to Ofstedand requested
information in the following terms:
“Under the freedom of information act can you please disclose all
information, material and evidence that was used to formulate the
ofsted judgement for Oldham Academy North Broadway, Royton,
Oldham, Greater Manchester OL2 5BF when it was carried out on
24–25 May 2016 (URN 136115) inspection number 10012206. This
would include any interviews held with staff, parents and its sponsor
E-act.”
6.Ofstedresponded on 19 August 2016. It stated thatit held the
information requested by the complainant, and disclosed some of it
to him. It refused to provide some information, citing sections 21,
40(2) and 41 of the FOIA.
7.With regard to section 21(Information accessible by other means),
Ofstedexplained that the outcome of the survey on Parent View
could be viewed online, and provided a link.
8.With regard to section 40(2) (Personal data), Ofstedexplained that it
was withholdinginformation which, in its view,concerned the
personal circumstances of staff or pupils, free text comments from
the ParentView website, staff and pupil questionnaires, and
evidence forms (“EFs”) which had beenrecorded as “lesson
observations.”
9.In addition, Ofsted stated that it considered that the free text
comments on Parent View and on the staff and pupil questionnaires
were also exempt under section 41 of the FOIA (Information
provided in confidence).
10.The complainant asked for an internal review on 31 August 2016. He
asked whether Ofsted could provide an anonymised or amalgamated
version of information concerning teaching and learning and the
behaviour and safety of pupils. He considered that the quality of
teaching judgments, and EFs showing lesson observations and work
scrutiny, could also be anonymised or amalgamated. He also
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