CEA Rate Calculation Details

Dear Ministry of Defence,

A previous FOI request failed under the PIT exemption. Unfortunately the later questions in the request meant that MoD exempted the entire request rather than answering the factual earlier questions. This request narrows the scope to one specific question:

Please provide the calculations for the recent Summer 2024 CEA term, showing how the ceilings were calculated. In doing so, where possible, show how the figures were derived from representative schools' fees and identify those schools used and the rates used.

Please note that, in this request, I am not asking for exposure over any advice to policy-makers, solely the raw calculations behind the determination of the CEA rates for that school term. I can see no valid reason to exempt that data from release.

Yours faithfully,

Mike Luke

Dear Ministry of Defence,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to formally request an internal review of the decision to withhold the information I requested under the Freedom of Information Act. My original request was:

"Please provide the calculations for the recent Summer 2024 CEA term, showing how the ceilings were calculated. In doing so, where possible, show how the figures were derived from representative schools' fees and identify those schools used and the rates used."

I believe the decision to withhold this information is unjustified for the following reasons:

1. Scope of Request: My request was specifically narrowed to focus on factual calculations and raw data, explicitly excluding any policy advice or sensitive information. The calculations for CEA rates are purely numerical and should not fall under any exemption.

2. Public Interest: There is a strong public interest in understanding how public funds are allocated, especially in areas like education allowances. Transparency in these calculations would enhance public trust and accountability.

3. Lack of Justification: The response failed to provide any specific exemption or reasoning for withholding the requested information. There is no logical connection in the response about protecting candour of officials' discussion and the request that is seeking purely numerical data. This lack of explanation is contrary to the spirit of the Freedom of Information Act, which requires public authorities to justify any refusal to disclose information.

4. Precedent: Similar information about educational allowances (including CEA) and their calculations has been released by MoD and other government departments without compromising any sensitive information or policy-making processes.

5. Overuse of Exemptions: The blanket refusal to provide any part of the requested information suggests an overly broad application of exemptions, which goes against the principle of maximum disclosure under the FOI Act.

I respectfully request that you reconsider this decision and provide the requested information. If you maintain that certain parts of the information are exempt, I ask that you release any non-exempt portions, as required by the Act.

I am sure you would agree that political impartiality is a cornerstone of the Civil Service Code, requiring civil servants to serve the government objectively. In the context of politically sensitive issues like CEA, civil servants must avoid creating grounds for accusations of disproportionately defending a political position by unreasonably withholding data. They should provide transparent, evidence-based information that demonstrates neutrality and commitment to factual disclosure, regardless of potential political implications.

If, after internal review, you still believe that the information should be withheld, I request a detailed explanation of which exemption(s) are being applied and why, along with a public interest test if applicable.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

I look forward to your response within the statutory timeframe of 20 working days, noting that I have now been seeking this information for over 6 months.

Yours faithfully,

Mike Luke

Dear CIO-FOI-IR (MULTIUSER),

Thank you for your response, which satisfied my request.

While I appreciate your personal willingness to approach this from first principles, the initial rejection does not reflect well upon MoD. It is far from ideal that I had to contest the decision and that MoD do not actively publish these calculations in the JSP or other accessible area for transparency. I ask that:

- Secretariat staff who might handle these enquiries in the future be made aware of this judgement
- That future enquiries be approached with a far greater degree of transparency.

Owing to the lack of active publication of this information and systemic opacity, I will need to make further requests. That said, thank you for satisfying this one.

Yours sincerely,

Mike Luke