Clare Page v The Information Commissioner & Anor

Clare Page v The Information Commissioner & Anor

The School was entitled to withhold the lesson materials under section 41 FOIA as they were provided in confidence, had the necessary quality of confidence, and disclosure would cause detriment to SoSE. The public interest in disclosure did not outweigh the duty of confidence, especially as parents could access the materials through a 'run-through' with SoSE. The School was also entitled to withhold the names of facilitators under section 40(2) FOIA as disclosure was not reasonably necessary for the legitimate interests identified, and those interests were met by existing statutory and website information. The School plausibly demonstrated that no further information was held within the...

Parties
Appellant: Clare Page; First Respondent: The Information Commissioner; Second Respondent: School of Sexuality Education
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Confidential Information, Personal Data, Education Policy, Parental Rights
Information Rights Education Law Data Protection Freedom of Information Confidential Information Personal Data Education Policy Parental Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Clare Page

Appellant

The Information Commissioner

First Respondent

School of Sexuality Education

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Final Judgment

Legal Issues

  1. 1 Whether the School was entitled to withhold lesson materials under section 41 FOIA (information provided in confidence)
  2. 2 Whether the School was entitled to withhold names of facilitators under section 40(2) FOIA (personal data)
  3. 3 Whether the School held further information within the scope of the request

Ratio Decidendi

The School was entitled to withhold the lesson materials under section 41 FOIA as they were provided in confidence, had the necessary quality of confidence, and disclosure would cause detriment to SoSE. The public interest in disclosure did not outweigh the duty of confidence, especially as parents could access the materials through a 'run-through' with SoSE. The School was also entitled to withhold the names of facilitators under section 40(2) FOIA as disclosure was not reasonably necessary for the legitimate interests identified, and those interests were met by existing statutory and website information. The School plausibly demonstrated that no further information was held within the...

Court Disposition

Appeal dismissed