Number of FOI requests made concerning EHE/Badman Review

Dear Mrs Garrett,

Thank you for your recent request for a review of an FOI request. A
reply will be sent to you as soon as possible (where a response is
required). For information, the departmental standard for correspondence
received is that responses should be sent within 15 working days or 20
working days if you are requesting information under the Freedom of
Information Act 2000.

Your correspondence has been allocated the reference number 2009/0082507

Thank you.

Central Allocation Team

Public Communications Team

Tel: 0870 0002288
www.dcsf.gov.uk

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Dear Mrs Garrett,
Thank you for your request for information, which was received on 8
September.

Before answering your request I should like to apologise for the delay in
replying. The Department is aware there has been a very considerable delay
and that it has missed the statutory deadline for reply and is in breach
of its obligations under the Act. As you may be aware, the Department
experienced an unusual volume of requests last year about home education.
While I appreciate that it is in no way a justification I should like to
explain that the Department makes every effort to meet deadlines, but the
delay in responding in this case has been due to the volume of requests
received. Please accept my sincere apologies for the delay.

I have dealt with each of your requests in turn, under the Freedom of
Information Act 2000.

1. I request a list of all FOI requests made since
June 2009 concerning Elective Home Education, the Badman Review and
the requests asking for clarifications to do with the compiling of
the Review document. A simple list of the number you allocate to
each query will suffice.

For example the FOI's to do with listing the abuse statistics and
the naming of the LA's that responded to the consultation documents
and any other FOI's to do with EHE.

During the period 1 June to 8 September, the Department received 81
requests for information about home education, requested under the Freedom
of Information Act 2000. Having carefully reviewed the information in
scope of your request, ie for a list of the numbers allocated to the
requests, the Department considers that the absolute exemption at section
40 of the Act is engaged because some of information requested constitutes
personal data, disclosure of which would contravene the data protection
principles. Data are `personal data' if, taken with `other information'
they enable a living individual to whom the data relates to be
identified. In particular, some correspondents can be identified by using
the correspondence reference number and searching on the
whatdotheyknow.com website.

2. I also would want to know how many of these requests have been
asked to be put forward for internal review.

Of the above 81 FOI requests, 24 subsequently asked for an internal
review.
3. Also how many of these Internal Reviews have been dealt with by
passing on to the appropriate person.

All requests for an internal review are passed to the appropriate person
who is responsible for considering them further. Not all of the cases
referred to above were taken forward to internal review at that point,
because in some cases the Department needed to seek further information
from the requestor, and in some others, internal review requests were
received before the Department had replied to the original request. In
these cases, correspondents were advised that the Department normally
considers a request for an internal review after it has forwarded a
substantive response to an original request. This enables requestors to
appeal against any refusal to release requested information, including
raising any issues which the requester might believe the Department had
failed to take fully into account in considering the original request.

Such requestors were advised that if they were unhappy on receipt of that
reply to apply in writing and an internal review would be undertaken. This
review would be chaired by an independent senior civil servant.

I can advise that of the 24 requests received during the period in
question, we have dealt with 15 internal reviews during 6 internal review
meetings held between 23 July and 4 December.

4. Lastly I would also like to know how many of the requests have been
dealt with successfully by yourselves, as in NOT having an internal
review asked about them.

Please see the above figures provided for cases recieved and cases dealt
with.

I am also aware of your request under 2009/0082507, dated 29 September,
for an internal review of case reference 2009/0077284. As explained
above, the Department normally considers requests for an internal review
following a response being sent to you. If you therefore remain unhappy
with this reply please contact me in writing and an internal review will
be undertaken.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter. Your complaint will be considered by
an independent review panel, who were not involved in the original
consideration of your request.

If you are not content with the outcome of your complaint to the
Department, you may then contact the Information Commissioner's Office.
Yours sincerely,

Josephine Bell (Mrs)
Independent Schools Partnerships and Strategy Team
[email address]
[1]www.dcsf.gov.uk

Your correspondence has been allocated the reference number 2009/0077284.

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References

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