Brighton and Hove Secondary School Admissions - Sutton Trust

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Freedom of Information request
Our reference: 17356657

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Dear Ms Davidson
 
Freedom of Information Act 2000
 
Thank you for your request for information to Brighton & Hove City Council
('the council') that was received on 26 November 2024. Your Information
Request has been logged as;
 
I am writing to formally request information under the Freedom of
Information Act 2000 regarding communications and meetings between
Brighton & Hove City Council and the Sutton Trust over the past year.
Specifically, I would like to request the following:

(1) Details of Meetings and Calls: The dates, times, and participants
(including names and roles) of all meetings, telephone calls, and video
calls held between Brighton & Hove City Council officers and/or
councillors and representatives of the Sutton Trust during the past year.

(2) Notes and Minutes: Copies of any notes or minutes taken during the
meetings, telephone calls, or video calls referenced above.

(3) Correspondence: Copies of all correspondence between Brighton & Hove
City Council officers and/or councillors and representatives of the Sutton
Trust during the past year, including but not limited to emails, letters,
and messages via other communication channels.

(4) Supporting Documents: Copies of any data, presentations, proposals, or
submissions shared between Brighton & Hove City Council and the Sutton
Trust in relation to the recent engagement exercise and the upcoming
consultation on secondary school admissions.

Please provide this information electronically where possible. If any of
the requested information is withheld under an exemption, I kindly request
a detailed explanation of the exemption applied and, where applicable, the
public interest test reasoning.
 
We are considering your request under the Freedom of Information Act 2000.
Our external website has information relating to this that you may find
useful. The link is below
 
[1]Freedom of Information
 
We aim to send a response to all requests for information within 20
working days of receipt. We plan to respond to your request by 27 December
2024. If we need more time, we'll let you know the extended due date.
We'll also contact you should we require any additional information in
relation to your request.
 
Please include your case reference 17356657 on all correspondence in
relation to this request.
 

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to this email. If you change this it will take us longer to identify the
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Yours sincerely
 
 
Information Rights Team 
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References

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Freedom of Information request
Our reference: 17356657

══════════════════════════════════════════════════════════════════════════

Dear Ms Davidson
 
We are considering your request of 26 November 2024 under the Freedom of
Information Act 2000. 
 
We're sorry, we need more time to consider and respond to your request.  
 
Under FOI we can extend the 20 working day statutory response deadline for
another 20 working days.  We are able to do this in your case to consider
the public interest test in relation to s.36 (effective conduct of public
affairs). 
 
We now aim to respond to you by 27 January 2025.  This new date exceeds
the 20 working day statutory time limit. We thank you for your patience
and apologise for any inconvenience this extension causes you.
 
Please include your case reference 17356657 on all correspondence in
relation to this request.
 
IMPORTANT: Please do not edit the existing subject line text when replying
to this email. If you change this it will take us longer to identify the
request that you are corresponding about and will delay us in responding
to you. 
 
Yours sincerely
 
 
Information Rights Team
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Freedom of Information request
Our reference: 17356657

══════════════════════════════════════════════════════════════════════════

Dear Ms Davidson
 
Freedom of Information Act 2000
 
We are considering your request of 26 November 2024 under the Freedom of
Information Act 2000.    
 
We're sorry, we need more time to consider and respond to your request due
to needing to consult with third parties as part of responding to your
request.
 
We now plan to respond to you by 24 February 2025 .  This new date exceeds
the 20 working day statutory time limit.  We thank you for your patience
and apologise for any inconvenience this extension causes you.  
 
Please include your case reference 17356657  on all correspondence in
relation to this request.
 
IMPORTANT: Please do not edit the existing subject line text when replying
to this email. If you change this it will take us longer to identify the
request that you are corresponding about and will delay us in responding
to you.  

  

Yours sincerely 

  

 
Information Rights Team  

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Freedom of Information Request

Our Reference: 17356657

Dear Ms Davidson

  

We’re contacting you about your complaint request received on 27 January
2025

 

We won’t be processing a complaint of your request under FOI  as your
information rights request is still open. We’re unable to process a
complaint or Internal Review on an open request. 

 

 We’re sorry for the time it is taking Brighton and Hove City Council to
fully respond to your request.  We hope to be able to respond to you by 24
February 2025.  

 

Once you’ve received our full response, if you’re not happy with it and
wish to request an internal review please do so then.  The full response
letter will contain information on how to do this. 

 

Please include your case reference 17356657 on all correspondence in
relation to this request. 

 

IMPORTANT: Please do not edit the existing subject line text when replying
to this email. If you change this it will take us longer to identify the
request that you are corresponding about and will delay us in responding
to you. 

  

Yours sincerely 

  

 
Information Rights Team 

show quoted sections

 
 
 
 
 
Freedom of Information request
Our reference: 17356657

══════════════════════════════════════════════════════════════════════════

Dear Ms Davidson
 
Thank you for your request for information received on 26 November 2024.
 
Please find attached our response to your request. We apologise for the
length of time it has taken us to respond to you. 
 
Important: Should you wish to contact us again regarding this request,
please do not edit the existing subject line text when replying to this
email. If you change this it will take us longer to identify the request
that you are corresponding about and will delay us in responding to you. 
 
Yours sincerely
 
 
Information Rights Team

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Freedom of Information request
Our reference: 17356657

══════════════════════════════════════════════════════════════════════════

Dear Ms Davidson
 
Thank you for your request for an Internal Review received on 10 February
2025. We are sorry that you are dissatisfied with our attempts to handle
your request under the Freedom of Information Act 2000
 
We can confirm that we are considering your concerns and we will aim to
provide you with a response by 10 March 2025.
 
We also acknowledge your request to record a formal complaint and have
forwarded your email to our Customer Feedback Team.
 
IMPORTANT: Please do not edit the subject line when replying to this
email. If you change this it will take us longer to identify the request
that you are corresponding about and will delay us in responding to you.
 
Yours sincerely
 
 
Information Rights Case Officer
Information Rights
 
 
 
 
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Dear Mrs G Davidson
 
Case BHC17915637
 
Thank you for your enquiry received on 12 February 2025. Your enquiry has
been referred to the appropriate department and you will receive a
response as soon as possible. If any delay is likely to occur, we will
contact you and let you know.
 
Yours faithfully

Daren Creber
Customer Feedback Advisor
[1]Contact us about this case
 
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References

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1. Contact us about this case
https://bhccportal.icasework.com/servlet...

 
 
 
 
 
Freedom of Information request
Our reference: 17356657

══════════════════════════════════════════════════════════════════════════

Dear Ms Davidson
 

I am writing to let you know that I will not be able to meet the deadline
of the 10/03/2025.

We have looked at your request and we need more time to consider and
respond to your internal review due to waiting on some additional
information from colleagues in Education and Skills.

As soon the team respond I will be able to complete my review and provide
my findings.

We now plan to respond to you by the 14/03/2025.  This new date exceeds
the 20-working day statutory time limit.  We thank you for your patience
and apologise for any inconvenience this extension causes you

Please include your case reference (17356657) on all correspondence in
relation to this request. 

 

IMPORTANT: Please do not edit the existing subject line text when replying
to this email. If you change this it will take us longer to identify the
request that you are corresponding about and will delay us in responding
to you. 

Kind regards,

 
James McLaughlin
Information Rights Manager
Information Rights Team
 
 
 
 
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Information requested by: Ms G Davidson
Review carried out by: James McLaughlin
 
 
 
 
 
 
Freedom of Information request
Our reference: 17356657

══════════════════════════════════════════════════════════════════════════

Dear Ms Davidson

 

Freedom of Information Act 2000 – Internal review

 

Thank you for your internal review request of the 10^th February 2025 in
relation to your Freedom of Information Act request regarding Brighton and
Hove Secondary School Admissions - Sutton Trust which we received on the
26^th November 2024. 

 

We have now processed your request, and I can confirm that we partially
uphold your complaint. 

 

Your request and our response are below:

 

Your request

 

“I am writing to formally request information under the Freedom of
Information Act 2000 regarding communications and meetings between
Brighton & Hove City Council and the Sutton Trust over the past year.
Specifically, I would like to request the following:

(1) Details of Meetings and Calls: The dates, times, and participants
(including names and roles) of all meetings, telephone calls, and video
calls held between Brighton & Hove City Council officers and/or
councillors and representatives of the Sutton Trust during the past year.

(2) Notes and Minutes: Copies of any notes or minutes taken during the
meetings, telephone calls, or video calls referenced above.

(3) Correspondence: Copies of all correspondence between Brighton & Hove
City Council officers and/or councillors and representatives of the Sutton
Trust during the past year, including but not limited to emails, letters,
and messages via other communication channels.

(4) Supporting Documents: Copies of any data, presentations, proposals, or
submissions shared between Brighton & Hove City Council and the Sutton
Trust in relation to the recent engagement exercise and the upcoming
consultation on secondary school admissions.

Please provide this information electronically where possible. If any of
the requested information is withheld under an exemption, I kindly request
a detailed explanation of the exemption applied and, where applicable, the
public interest test reasoning.”

 

 

Our initial response

 

On the 06^th February 2025, we responded stating that this information was
held and that some of it was exempt from disclosure. Our response is
below:

 

“In processing your request we liaised with colleagues within Education &
Skills as they would hold the information in relation to your request were
this information to be held by the council.

 

We can confirm that the information requested is held by the council. The
information you requested is detailed below.

 

I am writing to formally request information under the Freedom of
Information Act 2000 regarding communications and meetings between
Brighton & Hove City Council and the Sutton Trust over the past year.
Specifically, I would like to request the following:

 

(1) Details of Meetings and Calls: The dates, times, and participants
(including names and roles) of all meetings, telephone calls, and video
calls held between Brighton & Hove City Council officers and/or
councillors and representatives of the Sutton Trust during the past year.
Response: Given the emphasis given on question 4, we have answered this
assuming the whole FOI is seeking a response related to school
admissions/school organisation matters.

 

In February 2024 the Service Manager for Policy & Business Support
attended an online webinar hosted by the Sutton Trust – as an attendee.

 

[1]Fair School Admissions Webinar - The Sutton Trust

 

Cllr Jacob Taylor held a telephone meeting with the Sutton Trust on 11th
November 2024. No minutes were taken of that call.

 

No other calls or meetings took place between Brighton & Hove City Council
officers or Councilors with the Sutton Trust.

 

(2) Notes and Minutes: Copies of any notes or minutes taken during the
meetings, telephone calls, or video calls referenced above. Response: Not
applicable – no notes or minutes recorded. The recording of the webinar
attended by an officer, is provided above.

 

 

(3) Correspondence: Copies of all correspondence between Brighton & Hove
City Council officers and/or councillors and representatives of the Sutton
Trust during the past year, including but not limited to emails, letters,
and messages via other communication channels. Response:

 

 1. The Sutton Trust provided a response to the council to the public
consultation in December 2023 – this consultation was seeking to bring
in the Free School Meals priority. The response is included below:

 

The Sutton Trust Organisational Response to consultation:

 

Sutton Trust research has consistently found that the top performing
comprehensive schools admit on average far fewer children eligible for FSM
than the national average. This is also often below their local average
FSM levels1.

 

This is likely in part due to the popularity of proximity-based
oversubscription criteria – where a school places more weighting on how
close you live to a school. This puts significant pressure on families to
live as close to their school of choice as they can possibly afford to and
has a knock-on effect on local housing markets.

 

In 2016 the Sutton Trust identified that a typical house in the catchment
area of the top 500 school costs £45,700 more than the average house in
the same local authority(1) . This limits many family’s abilities to live
near a top performing school and ultimately ‘getting in’ to the best
schools is limited by the socio-economic status of their parents or
carers.

 

We therefore strongly advocate for more comprehensive schools to implement
fairer admissions policies (e.g. adding a Pupil Premium quota to their
over subscription criteria(1).

 

By adopting fairer admissions policies and ensuring greater numbers of
disadvantaged children can gain access to top performing school and have
access to high quality teaching in their local areas, we believe these
changes can potentially have a major impact on their opportunities and
life chances.

 

Additionally, Sutton Trust research has found that 50% of senior leaders
in schools think that social segregation is a problem in state schools(2).
Introducing a Pupil Premium priority criteria would help to fight this
issue. Similarly, we have found that 78% of parents believe that schools
should have a fairer mix of pupils from different social backgrounds(2).

 

The Sutton Trust believes that the admissions arrangements being consulted
on in Brighton and Hove would be a bold step forward, enabling more pupils
from disadvantaged backgrounds to access the best schools in their area.
We wholeheartedly support this work and would like to see more schools
follow their lead to bring about fair admissions policies across the
country.

 

We very much hope to see this implemented and look forward to learning
about City Council's approach.

1 Selective Comprehensives 2017 - Sutton Trust

2 Fairer School Admissions - Sutton Trust

 

 

 1. The further correspondence we can disclose is as follows:

 

• Email from [email address] - FW_ The Sutton Trust Fair School
Admissions Pledge (2) with attachment School Admission Arrangements
2026-27pdf

 

Please note, we have redacted some of the information in the above email
as it constitutes personal data under the Data Protection Act 2018. As
this is personal data, disclosure under the Freedom of Information Act
2000 (the Act) is conditional upon satisfying the First Data Protection
Principle, that processing be fair, lawful and transparent.

 

We recognise that there is a public interest in transparency and
accountability in public decision making. We have balanced this against
the privacy rights of the individual data subjects and the fact that this
act of processing would not be transparent to them. On balance, we
consider the detriment to privacy through disclosure outweighs the
interest that would be served. Accordingly, disclosure would be in
contravention of the First Data Protection Principle.

 

It is therefore appropriate for us to redact this information under
section 40(2) of the Act by virtue of section 40(3A)(a). Therefore we are
exempting this part of the request under section 40(2) of Act by virtue of
section 40(3A)(a) of the same Act.

 

 

Information withheld under S36 of the Freedom of Information Act

 

As previously indicated, the Council is minded to apply the s.36 exemption
to information we consider would, or would be likely to, prejudice the
effective conduct of public affairs if the information was disclosed. This
includes the effective conduct of the council and how we carry out our
public duties and responsibilities. The council’s ‘qualified person’ must
consider whether in their ‘qualified opinion’ this exemption would apply.
The qualified opinion is given by the Monitoring Officer of the Council,
Elizabeth Culbert (Director Governance & Law) in accordance with the
provision in [2]Part 6 of the Council’s Constitution, page 14.

 

As this is a qualified exemption, we must also carry out a Public Interest
Test which under the Act requires us to consider the balance of public
interest arguments for and against disclosure. The Monitoring Officer’s
qualified opinion was that this exemption was engaged for some of the
information you requested under this heading, other than that referred to
at A and B above.

 

The factors we considered are below:

 

Factors in favour of disclosure

 

• The is an overarching public interest in ensuring transparency as a
means of ensuring effective public scrutiny of how public bodies carry
out their functions.

 

 

Factors in favour of withholding

 

• It is considered that disclosure of the relevant information would be
likely to inhibit the free and frank provision of advice and
information, including between officers, members and relevant third
parties.

 

• Disclosure of the relevant information would be likely to inhibit the
free and frank exchange of views for the purposes of deliberation as
part of the process of decision-making: as here, where a process of
developing a strategy for the Council which reflected a new and
innovative approach was and continues to be underway.

 

• Disclosure would have a chilling effect on future deliberations
between officers and members and relevant stakeholders or third
parties and on the full exploration of issues in preparation for
decisions to be made by the public authority.

 

• It would prohibit the free future provision of advice and support
within BHCC and with third parties in relation to sensitive matters.

 

Having applied the public interest test, the Qualified Person took the
view that the factors in favour of withholding the information outweigh
those for disclosing the information, and therefore in maintaining the
exemption.

 

 

(4) Supporting Documents: Copies of any data, presentations, proposals, or
submissions shared between Brighton & Hove City Council and the Sutton
Trust in relation to the recent engagement exercise and the upcoming
consultation on secondary school admissions.

 

Response: Nothing further has been directly shared between the two
organisations but it has been well documented that the council has cited
Sutton Trust publications such as: [3]Fairer School Admissions - The
Sutton Trust.

 

In the response the Sutton Trust made to the December 2023 public
consultation they cited two reports (including the Fairer Admissions one),
provided above.”

 

 

Your internal review request

 

On the 10^th February 2025, you submitted the following email:

 

“I must point out that your failure to meet the statutory deadline
required me to escalate the matter and submit a complaint to the
Information Commissioner's Office (ICO). Despite this intervention, the
response provided remains incomplete and unsatisfactory.

As previously requested, I specifically require:

(1) The full list of all attendees of the telephone meeting between
Councillor Jacob Taylor and the Sutton Trust on 11th November 2024,
including names and roles from both Brighton & Hove City Council and the
Sutton Trust.

(2) Copies of any notes taken during or following this call, whether
formal or informal, including emails, summaries, or any records generated
as a result of the discussion.

I do not believe your response satisfies your legal obligations under the
Freedom of Information Act. If no such records exist or if information is
withheld, please provide a detailed explanation citing the specific legal
grounds for doing so.

Given your previous failure to meet deadlines, I now require a full and
comprehensive response within 5 working days, by 14th February 2025.
Without this, I will be left with no option but to further escalate my
complaint with the ICO and refer the matter to the Local Government and
Social Care Ombudsman (LGSCO).

Additionally, I wish for this to be formally recorded as a complaint
regarding the non-compliant handling of this request and for an internal
review to be undertaken. I expect a full and detailed explanation for the
Council's failure to comply with statutory requirements and your
obligations under the Freedom of Information Act.

I trust that you will treat this matter with the urgency it requires and
look forward to your response without further delay. Please provide the
information electronically where possible.”

 

Our internal review response

In conducting your internal review, I have reviewed the contents of the
information held by the Council within the scope of your Freedom of
Information request, considered the relevant sections of the Act and the
Information Commissioner’s guidance. I have also liaised with Legal
Services, Education & Skills and Democratic Services as they were involved
in the initial request.

 

The initial response to your request was not sent to you within the
20-day statutory limit and therefore we have failed to comply under
[4]Section 10(1) of the Freedom of Information Act (FOIA). For this delay
I would like to apologise on behalf of Brighton & Hove City Council and
for this aspect of your complaint I uphold. I understand that you have
raised this matter with our corporate complaints team, and so this issue
will be addressed in more detail through this process.

 

The exemptions used in our initial response were as follows:

 

[5]Section 36 (2)

(b)would, or would be likely to, inhibit—

(i)the free and frank provision of advice, or

(ii)the free and frank exchange of views for the purposes of deliberation,
or

 

(c)would otherwise prejudice, or would be likely otherwise to prejudice,
the effective conduct of public affairs.

 

And

 

[6]Section 40(2) - personal data which is not the personal data of the
requester (ie third-party personal data) should not be disclosed if this
would contravene the data protection principles.

 

 

Section 36

In order to establish that the exemption has been applied correctly, the
ICO requires it necessary to;

 

 1. ascertain who acted as the qualified person;
 2. establish that an opinion was given by the person;
 3. ascertain when the opinion was given; and
 4. consider whether the opinion was reasonable.

 

I can confirm that I have had sight of the written correspondence between
Brighton & Hove City Council and the Sutton Trust, alongside the qualified
person’s detailed opinion and public interest considerations.

 

Having reviewed all the above, and in line with the ICO’s guidance, I am
satisfied that the decision has been made by the qualified person and is
deemed reasonable based on the in the Shorter Oxford English Dictionary:
“in accordance with reason; not irrational or absurd”. In so far as the
opinion made is one that a reasonable person could hold.

 

It is therefore appropriate to retain the exemptions previously applied
and I find that the public interest still stands in favour of withholding
the information under question 3 of your Freedom of Information request.

 

 

Section 40

In this instance this review finds that the decision to exempt in the
initial response was appropriate and that the balance test is not in
favour of disclosure and that the legitimate interests do not outweigh the
interests and rights of those individuals who would be impacted by the
release of this information.

 

I did locate an additional email in the case that was not provided as part
of the stage 1 response. On discussions with colleagues in Legal, there
was no lawful reason not to disclose and that a view was taken that this
should have been released as part of our original response. I would like
to apologise for this clerical error and uphold this part of your request.

 

Please find attached additional correspondence, ‘Pack - 1753445 –
REDACTED.’

 

Please note, we have redacted some of the information in the above email
as it constitutes personal data under the Data Protection Act 2018. As
this is personal data, disclosure under the Freedom of Information Act
2000 (the Act) is conditional upon satisfying the First Data Protection
Principle, that processing be fair, lawful and transparent.

 

We recognise that there is a public interest in transparency and
accountability in public decision making. We have balanced this against
the privacy rights of the individual data subjects and the fact that this
act of processing would not be transparent to them. On balance, we
consider the detriment to privacy through disclosure outweighs the
interest that would be served. Accordingly, disclosure would be in
contravention of the First Data Protection Principle.

 

It is therefore appropriate for us to redact this information under
section 40(2) of the Act by virtue of section 40(3A)(a). Therefore we are
exempting this part of the request under section 40(2) of Act by virtue of
section 40(3A)(a) of the same Act.

 

 

On the specific matters raised in your internal review request regarding
questions 1 and 2, these have been addressed in turn.

 

(1) The full list of all attendees of the telephone meeting between
Councillor Jacob Taylor and the Sutton Trust on 11th November 2024,
including names and roles from both Brighton & Hove City Council and the
Sutton Trust.

This has been checked, and no information is held.

 

(2) Copies of any notes taken during or following this call, whether
formal or informal, including emails, summaries, or any records generated
as a result of the discussion.

This has been checked, and no records are held by Brighton & Hove City
Council following the call between Cllr Taylor and Sutton Trust

 

The final decision of this review is that your complaint is partially
upheld.

 

The above concludes our internal review and we will now close this request
as of the date of this response.

 

If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner’s Office for a
further decision. The Information Commissioner can be contacted at:

 

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

 

[7]FOI and EIR complaints | ICO

 

Helpline on 0303 123 1113

 
If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner’s Office for a
further decision. The Information Commissioner can be contacted at:
 
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
0303 123 1113
 
[8]FOI and EIR complaints | ICO
 
Helpline on 0303 123 1113
 
Important: Should you wish to contact us again regarding this request,
please do not edit the existing subject line text when replying to this
email. If you change this it will take us longer to identify the request
that you are corresponding about and will delay us in responding to you. 
 
Yours sincerely
 
 
James McLaughlin
Information Rights Manager
Information RightsTeam

 
 
 
 
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References

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1. https://www.suttontrust.com/fairer-schoo...
2. https://www.brighton-hove.gov.uk/sites/d...
3. https://www.suttontrust.com/our-research...
4. https://www.legislation.gov.uk/ukpga/200...
5. https://www.legislation.gov.uk/ukpga/200...
6. https://www.legislation.gov.uk/ukpga/200...
7. https://ico.org.uk/make-a-complaint/foi-...
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