Clare Page v The Information Commissioner & Anor

Clare Page v The Information Commissioner & Anor

Section 405 of the Education Act 1996 does not impose an implied statutory obligation to provide parents with all sex education teaching materials after the lesson has taken place; disclosure of the materials would constitute an actionable breach of confidence under section 41 FOIA due to express conditions of confidentiality and commercial detriment; identities of external facilitators are personal data and disclosure is not reasonably necessary for legitimate interests under UK GDPR; appeal dismissed.

Parties
Appellant: Clare Page; 1st Respondent: The Information Commissioner; 2nd Respondent: School of Sexuality Education
Jurisdiction
England and Wales
Judgment Date
05 September 2025
Procedural Posture
Appeal / Upper Tribunal Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Confidentiality, Parental Rights, Sex Education, Data Protection
Education Law Information Law Human Rights Freedom of Information Confidentiality Parental Rights Sex Education Data Protection

Case Brief

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Parties

Clare Page

Appellant

The Information Commissioner

1st Respondent

School of Sexuality Education

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Final Judgment

Legal Issues

  1. 1 Whether section 405 of the Education Act 1996 imposes an implied obligation to provide parents with sex education teaching materials
  2. 2 Whether disclosure of sex education teaching materials constitutes an actionable breach of confidence under section 41 FOIA
  3. 3 Whether disclosure of identities of external facilitators is exempt under section 40 FOIA

Ratio Decidendi

Section 405 of the Education Act 1996 does not impose an implied statutory obligation to provide parents with all sex education teaching materials after the lesson has taken place; disclosure of the materials would constitute an actionable breach of confidence under section 41 FOIA due to express conditions of confidentiality and commercial detriment; identities of external facilitators are personal data and disclosure is not reasonably necessary for legitimate interests under UK GDPR; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal (ref. EA 2022/0330) is upheld; no error of law found.
  • Section 41 and section 40 FOIA exemptions apply; requested information not disclosed.