FOI requests and the use of the section 36 exemption
As schools and academies you get plenty of Freedom of Information requests. When you answer them you are effectively publishing the information to the world.
As schools and academies you get plenty of Freedom of Information (FOI) requests. When you answer them you are effectively publishing the information to the world. Sometimes you need to avoid publishing the information, because to do so, could hamper the debate or decision-making on a particular live issue. As you know, there are a number of exemptions under the FOI Act and for this example the best fit will be the one found in Section 36.
The Section 36 exemption applies where releasing the information would cause 鈥減rejudice to the effective conduct of public affairs鈥. You can seek to apply it where disclosure of the information sought 鈥渨ould or would be likely to inhibit the free and frank provision of advice or 鈥 exchange of views for the purposes of deliberation鈥 or would 鈥渙therwise prejudice the effective conduct of public affairs鈥.
As you can see, it could apply in a number of cases. Here are a couple of examples to give you context:
- a maintained school governing body meets to discuss whether to propose becoming an Academy. There are notes made in the meeting and a FOI request is made to see them. Sharing the notes this early may well inhibit free and frank discussion because the governing body may then be concerned that what they say in the meeting may become public.
- a school or academy is considering finishing early on a Friday to help with budgetary constraints. Releasing the notes of those discussions may also inhibit free and frank discussion for the same reason as above.
If you want to reply on this exemption you require the qualified person for your organisation to give their 'reasonable opinion' why they consider the exemption is engaged. The qualified person for maintained schools is the Chair of the Governing Body and for Academies it is the Chair of the Board of Directors of the proprietor of the Academy.
The Section 36 exemption requires detailed consideration and sometimes you may want to chat that through with us. That鈥檚 exactly what we are here for.
You may be interested in...
澳门六合彩资料
Stark increase in rates of school suspensions and exclusions
Online Event
Embracing AI to improve school governance
澳门六合彩资料
Navigating workplace sexual harassment laws during the festive season
Press Release
Comments on the latest SEND tribunal statistics
Guide - PFI expiry
PFI expiry guidance for schools
Opinion
Revolutionising the Workforce: Impact of Get Britain Working White Paper
澳门六合彩资料
The power of storytelling (and curiosity)
Online Event
Supporting universities to meet their financial duties
Podcast - #EdInfluence
#EdInfluence podcast (series 4): In conversation with inspiring leaders
Press Release - School leaders survey
澳门六合彩资料鈥檚 latest School Leaders Survey illustrates need for better SEND guidance as exclusions rise
Press Release
New hires at 澳门六合彩资料 will support schools with data compliance amid enhanced ICO scrutiny
Opinion
Balancing employer flexibility and employee rights
澳门六合彩资料 - School leaders survey
School Leaders Survey Autumn 2024: The results are in
澳门六合彩资料 - Be Connected (schools)
Be Connected: Schools and academy trusts November 2024
On-Demand
Shaping a culture of respect and safety: Preventing sexual harassment in our schools
澳门六合彩资料
Funding withdrawn for trusts and academy conversions
澳门六合彩资料
Top five takeaways for schools on the Employment Rights Bill
澳门六合彩资料
Martyn's Law: A closer look at the UK's new proposed anti-terror measures
澳门六合彩资料
New High Court case on exclusion reconsiderations
澳门六合彩资料
Building an inclusive workplace: strategies for attracting and retaining disabled talent
澳门六合彩资料
New practical guidance on challenging Ofsted inspections
澳门六合彩资料
What will the new RISE Scheme mean for schools and academy trusts?
On-Demand
How schools can grapple with new employment law to thrive in a new era
澳门六合彩资料
Five steps to turn the tide on Subject Access Requests
Guide
New guidance for intervention in schools
澳门六合彩资料
Silence persists on gender questioning guidance for schools
Online Event
EdCon 2025
Press Release
澳门六合彩资料 comments on the government's announcement of tuition fee rises
澳门六合彩资料 - Be Connected (higher education)
Be Connected: Higher education Autumn 2024
澳门六合彩资料
Supreme Court clarifies public authority liability: Police duty of care in negligence cases
澳门六合彩资料 - Employment Rights Bill
Labour鈥檚 employment law reforms: Employment Rights Bill unveiled
澳门六合彩资料
Expanding the role of school attendance mentors
澳门六合彩资料
Working together to support student wellbeing
澳门六合彩资料 - Procurement Act
Procurement Act delay: What鈥檚 the impact for higher education institutions?
澳门六合彩资料
What the UK Covid-19 Inquiry means for higher education providers
澳门六合彩资料
When should a school add a pupil to its admissions register?
澳门六合彩资料
Attendance management checklist for schools
澳门六合彩资料
School exclusions guidance: Managed moves between schools
澳门六合彩资料 - Be Connected (schools)
Be Connected (schools and academy trusts): October 2024
