Key Facts
- •Derek Berry appealed a Decision Notice (DN) from the Information Commissioner concerning a Freedom of Information Act 2000 (FOIA) request to The Buckingham Grammar Schools (TBGS).
- •The request sought SST results for 2019 and 2020 entries, including feeder school data.
- •TBGS provided some information but withheld the remainder citing section 22 FOIA (information held for future publication).
- •The Commissioner upheld TBGS's reliance on section 22, finding the public interest favored withholding the data until the scheduled publication date.
- •The Commissioner also noted TBGS's breach of section 17 FOIA (failure to issue a proper refusal notice).
Legal Principles
Right to information subject to exemptions.
FOIA
Standard of proof: balance of probabilities.
FOIA
Section 22 FOIA exemption: information held for future publication; reasonableness of withholding.
FOIA
Public interest test: weighing public interest in maintaining exemption against public interest in disclosure.
FOIA
Tribunal's powers: review of lawfulness and discretion.
FOIA
Section 17 FOIA: Requirement for proper refusal notice.
FOIA
Outcomes
Appeal dismissed.
The Tribunal found TBGS had a settled intention to publish the information; withholding until the scheduled publication date was reasonable; the public interest favored maintaining the exemption; and the Commissioner's decision was in accordance with the law.
Confirmed Commissioner's finding of TBGS's breach of section 17 FOIA.
TBGS did not issue a proper refusal notice.