I have recently had some communication from the Information Commissioner and the newly minted Department for Education and I have been very remiss in paying attention to it. It is the sort of stuff that doesn't reveal its meaning easily to me, being made up of rules and regulations, numbers and many stars in places that would give clarity otherwise. I also know it is old news, stuff we have known for ages and in much more detail. Can they really be unaware of that at the Department for Education?
Anyway if I want to challenge it in any way I must send my challenge to the Information Commissioner by 4 hours ago, never mind that the actual request was made on the first of July 2009, nearly a year ago and the then DCSF, but really the same people, did not even acknowledge it until 18 September! Never mind that it was referred to the Information Commissioners Office in December 2009 and it is now June, I have to respond immediately as the officer wants to get the case closed! She cannot consider the time issue as that is not part of her remit, nor obviously is fairness!
So this has had to be sent!
{Below it is a copy of all recent correspondence mostly to help me organise it in my brain, might blog what went on previously if only to put in the public domain a warning about the level of nit pickyness
abidance with rules and regulations that is involved!}
From me:
Wed 23/06/2010 18:38
Just want to apologise for not getting my response to you for five, I am working on it now, but my free day disappeared due to broken laptops, lifts to the station and unexpected though welcome visitors.
Hope this does not inconvenience you too much.
Thank you
Maire Stafford
In response to this from the IC:
22nd June 2010
Case Reference Number FS50268578
Public Authority: Department of Education (DE) (formally DCSF)
Dear Ms Stafford
Following our telephone conversation today I understand that you already have the questionnaires that were disclosed to you this month.
As discussed I cannot investigate whether the DE has provided the evidence you think is there - my legal remit is that I can only deal with issues concerning the Freedom of Information Act 2000. I also note the points you raised about time limits and I explained that our Enforcement Team has been handling this aspect.
The Enforcement Team contacted the Department to outline its concerns about the authority’s compliance with section 10 in November of last year. There then followed a period of monitoring, during which the Department was asked to supply details of its historical compliance with section 10 during January – September 2009 and following that, data for January - March 2010. The data suggested that the Department had experienced some difficulties with compliance during 2009, something which appears to have been reflected in your own experience of requesting information from the authority.
However for the first three months of this calendar year, over 85% of requests have been dealt with in 20 working days (which increases to over 90% when requests extended for consideration of the public interest test are factored in). Whilst this does of course mean that a small number of requests are not yet meeting the requirements of section 10, it is a considerable improvement when compared with performance in the latter half of 2009.
In addition to an improvement in its compliance with section 10, the Department has demonstrated a commitment to tackling its performance issues and has put in place additional measures to improve FOI awareness and training. This should in time help to avoid a repeat of the compliance problems previously experienced.
The improvements outlined here do not negate the failures to respond to those information requests which took longer than 20 working days to process, and the Enforcement Team has noted the delays you have experienced. However the Enforcement Team is of the view that the Department has demonstrated an adequate enough improvement to merit concluding its intervention and does not anticipate taking formal enforcement action at this time
However, although the Enforcement Team are no longer in correspondence with the Department about this issue, it continues to consider any referrals it receives in relation to the authority and in line with all authorities we monitor, will consider reopening the case if there is new evidence of a downturn in its performance.
As we also discussed you are going to email both myself and the DE about the questions you feel remain outstanding regarding your request for information of 1 July 2009, tomorrow.
Once I have this clarification I will contact the DE.
Thank you for your help in this matter.
Yours sincerely
Claire Walsh
Senior Complaints Officer
Team 1 – FOI Operations
Well that's alright then, NOT! there is a major imbalance of power here that is being ignored.
Which followed a phone call to discuss the emails and disclosures below.
From the DoE:
Thu 10/06/2010 16:01
It is very similar, in fact probably identical, to the one Jeremy Yallop posted to BRAG, except his is labelled (1) whereas mine is labelled (5), I wonder who the other three recipients were? If you are a member of BRAG you can find his copy in the folder "Copies of Review Submissions".
As anyone who has followed the Badman debacle will know this data has been thoroughly debunked by the actual figures for abuse of home educated children obtained by home educators from the LAs using the Freedom of Information Act.
Dear Mrs Stafford
I understand that the ICO has been in touch you with to let you know that the Department would be making a voluntary disclosure of some of the information in scope of your request below:
‘Graham Badman said on behalf of the DCFS and reported in the media on 11 June 2009: “Children educated at home are twice as likely to be on social services registers for being at risk of abuse as the rest of the population.” Please supply under the freedom of Information Act full details of the statistical evidence on which Mr Badman bases this assertion.
In particular, please supply copies if all statistical returns from English local authorities and other agencies to the DCSF which indicate the educational status (school) or electively home educated) of school aged children on their “at risk” registers.
If, for any reason, Mr Badman’s contention was not based on direct evidence from English local authorities, please supply copies of the comparative evidence on which he based his statistically based assertion
That “children educated at home are twice as likely to be on social services
registers for being at risk of abuse as the rest of the population”.
If, for any reason, Mr Badman’s contention was not based on statistical evidence from any source, please provide copies of any anecdotal “evidence” supplied to him by English local authorities and other agencies which formed the basis for his statistically based assertion that “children educated at home are twice as likely to be on social services registers for being at risk of abuse as the rest of the population”.
Finally, please confirm that Mr Badman’s contention and all evidence used to support his contention, relates only to children of compulsory education age, since electively home educated children are by definition all of compulsory education age’.
I attach an Excel spreadsheet. As you will see, the spreadsheet also contains a quantity of information outside the scope of this specific request. We have included this additional information because your other requests indicated interest in the local authorities’ responses to all the questions in the questionnaire, and I hope that this is helpful to you. Information which might identify individual children has been redacted, and a key to those redactions can be found in the ‘key to master data’ tab. I have also copied this spreadsheet to Claire Walsh at the ICO.
Please do contact me if you have any difficulty in opening the attachment.
Yours sincerely
Eve Trueman
Senior FOI Compliance Manager
Information Rights Team
Floor 5
Sanctuary Buildings
Ext: 0207 783 8299
Closely followed by this:
{I have also copied this spreadsheet which is the second in depth questionnaire of 25 Las already available here along with a very interesting insight into the Las take on suitable education.} Worth looking at this one too.
Dear Mrs Stafford
I am very pleased to write with a further disclosure in respect of your question:
‘Graham Badman said on behalf of the DCFS and reported in the media on 11 June 2009: “Children educated at home are twice as likely to be on social services registers for being at risk of abuse as the rest of the population.” Please supply under the freedom of Information Act full details of the statistical evidence on which Mr Badman bases this assertion.
In particular, please supply copies if all statistical returns from English local authorities and other agencies to the DCSF which indicate the educational status (school) or electively home educated) of school aged children on their “at risk” registers.
If, for any reason, Mr Badman’s contention was not based on direct evidence from English local authorities, please supply copies of the comparative evidence on which he based his statistically based assertion
That “children educated at home are twice as likely to be on social services
registers for being at risk of abuse as the rest of the population”.
If, for any reason, Mr Badman’s contention was not based on statistical evidence from any source, please provide copies of any anecdotal “evidence” supplied to him by English local authorities and other agencies which formed the basis for his statistically based assertion that “children educated at home are twice as likely to be on social services registers for being at risk of abuse as the rest of the population”.
Finally, please confirm that Mr Badman’s contention and all evidence used to support his contention, relates only to children of compulsory education age, since electively home educated children are by definition all of compulsory education age’.
I attach an Excel spreadsheet. As with the information that I sent to you yesterday, information which might identify individual children has been redacted, and a key to those redactions can be found in the ‘key to master data’ tab. I should add that the results of the questionnaire did not undergo any quality assurance, but are as held by the Department. I have also copied this spreadsheet to Claire Walsh at the ICO.
Please do contact me if you have any difficulty in opening the attachment.
Yours sincerely
Eve Trueman
Eve Trueman
Senior FOI Compliance Manager
Information Rights
Department for Education
Tel: 0207 783 8299 (please note new number)
Which followed this from the IC:
10th June 2010
Case Reference Number FS50268578
Public Authority: Department of Education (DE)
Dear Ms Stafford
I have contacted the DE in relation to your complaint to the Information Commissioner regarding its handling of our request of 1 July 2009.
I understand that it will be disclosing information to you and that some of the information should also answers other questions you have asked it.
I will ring you some time next week to discuss this disclosure with you. Perhaps you could let me know when would be the best time too ring.
Yours sincerely
Claire Walsh
Senior Complaints Officer
Team 1 – FOI Operations
Which followed this from the IC:
25th May 2010
Case Reference Number FS50268578
Public Authority: Department for Children, Schools and Families (DCFS)
Dear Ms Stafford
I am writing to inform you that your case has now been allocated to me to investigate. I understand that the DCFS has contacted you to inform you that it is applying the sections 41, 40 and 38 exemptions to the information you requested on 1 July 2009.
In order to reach a decision as to whether the Freedom of Information Act has been correctly applied, I will need to carry out a thorough investigation. This may take me some time as I will need to ensure that I am aware of all the relevant facts and that I carefully consider the application of the law to those facts.
Where possible the Information Commissioner prefers complaints to be resolved by informal means. If this does not prove to be possible, he will usually issue a Decision Notice to you and the public authority once an investigation has been completed. This will inform you of his decision and the reasons for it.
Where the Commissioner decides that a request has not been handled properly he may specify what steps he believes are necessary to remedy the situation. This can include requiring a public authority to release information which has previously been withheld. A copy of the Decision Notice will be placed on our website (with your details omitted). If you disagree with the decision that has been reached you have a legal right of appeal to the Information Tribunal.
Your request
On 1 July 2009 you made a request to the DCFS on for the statistical information on which a Mr Badman, acting on behalf of the DCFS, made the following statement: ‘Children educated at home are twice as likely to be on social services registers for being at risk of abuse as the rest of the population’.
On 18 September 2009 the DCFS replied and refused to disclose the information you requested on the basis of the exemptions contained in sections 41, 40 and 38.
On 31 July 2009 you requested an internal review. The DCFS apologised for the delay in responding to your request.
On 13 November 2009 the DCFS informed you it was going to apply section 14.
On 11 December 2009 the DCFS confirmed it had carried out an internal review, declining to disclose the information and citing the sections 41, 40 and 38 exemptions.
The scope of the case
I will be considering procedural breaches of the Act including the time taken by the DCFS to handle your request. I will also be considering whether the DCFS has applied the sections 41, 40 and 38 exemptions correctly.
Please contact me as soon as possible if there are matters other than these that you believe should be addressed. This will help avoid any unnecessary delay in investigating your complaint. If I do not hear from you, my investigation will focus only upon the matters identified above.
As I have indicated, the process of reaching a decision may take some time but I will update you on the progress of the investigation as appropriate but at least every 6-8 weeks. However, if you have any queries at any time you are welcome to write to me at the above address, at casework@ico.gsi.gov.uk (please ensure that you quote the above case reference) or by telephoning me on 01625 545 309.
It may not be possible for me to respond to enquiries immediately due to other work commitments but I will endeavour to provide a response as promptly as possible and will ensure that a response is provided within 14 working days of the receipt of any enquiry.
Yours sincerely
Claire Walsh
Senior complaints Officer
Team 1 – FOI Operations
Which followed this from the IC:
23rd March 2010
Case Reference Number FS50285730
Dear Ms Stafford
DCSF Refs: 2009/0067849; 0074942; 0074943; 0090673; 0090678
Your information request to Department for Children, Schools and Families (“DCSF”).
Thank you for supplying the DCSF internal review result, regarding the decision to deem these requests vexatious and/or repeated.
Your case has been allocated to one of our case resolution teams who will contact you as soon as possible to explain how your complaint will be progressed.
The Information Commissioner’s Office is an independent public body set up to promote public access to official information. We will rule on eligible complaints from people who are unhappy with the way public authorities have handled requests for information under the Freedom of Information Act 2000.
It will be for the case resolution officer to decide what should be taken into account when dealing with this matter.
If you need to contact us about any aspect of your complaint please contact our Freedom of Information Helpline on 0303 123 1113, being sure to quote the reference number at the top of this letter.
Yours sincerely,
Bernard McNally
Sent on behalf of
Mr Andrew White
FoI Triage Team Leader
Information Commissioner’s Office
Right I am going to publish this now and spread it about in the hope that someone might come up with something I cannot see.
Thanks to everyone who gets this far!
