Communications between the DfE and Bristol City Council about the safety valve mechanism

Joanna Booth made this Freedom of Information request to Department for Education Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was successful.

Dear Department for Education,

Please provide communications between the Department and Bristol City Council about the safety valve mechanism for high needs funding. BCC say they have been in communication with the department since summer 2023.

I would like any communications between June 1, 2023 and March 1, 2024.

If there are too many emails, please limit the request to anything to do with confidentiality and an embargo on the council.

Yours faithfully,

Joanna Booth

MINISTERS, Department for Education

1 Attachment

Thank you for contacting the Department for Education (DfE). We will aim
to reply within 15 working days. 

You can check online for the department’s information and guidance at
[1]www.gov.uk/dfe 

You can find out how the department processes your personal information by
reading our [2]Personal Information Charter.

 

 

 

References

Visible links
1. https://www.gov.uk/dfe
2. https://www.gov.uk/government/organisati...

ACCOUNT, Unmonitored, Department for Education

Dear  Joanna Booth 

Thank you for your recent enquiry which was received on 06/03/2024.

A reply will be sent to you as soon as possible and this should be within
20 working days, as you are requesting information under the Freedom of
Information Act 2000.

Your correspondence has been allocated reference number 2024-0007440.

Yours sincerely

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

 

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

Dear Department for Education,

This reply is now late. By law you should have responded promptly by 8 April. Please provide either the answer or an internal review.

Yours faithfully,

Joanna Booth

ACCOUNT, Unmonitored, Department for Education

2 Attachments

Dear Joanna Booth,

 

Thank you for your request for information, which was received on 7 March
2024. You requested us to:

Please provide communications between the Department and Bristol City
Council about the safety valve mechanism for high needs funding. BCC say
they have been in communication with the department since summer 2023. I
would like any communications between June 1, 2023 and March 1, 2024. If
there are too many emails, please limit the request to anything to do with
confidentiality and an embargo on the council.

 

I have dealt with your request under the Freedom of Information Act 2000
(“the Act”).

 

A copy of the information which can be disclosed is enclosed.

                     

The Department holds the remainder of the information you requested, but
it is being withheld under the following exemptions

 

Section

• 36(2)(b)(i) - the free and frank provision of advice
• 36(2)(b)(ii) - the free and frank exchange of views for the purposes
of deliberation
• 36(2)(c) - would be likely otherwise to prejudice, the effective
conduct of public affairs

 

Under Section 36(2), the Department is not required to provide
information, if in the reasonable opinion of a qualified person (a
Minister in the case of Government Departments) disclosure of the
information under the Act would otherwise prejudice, or would be likely
otherwise to prejudice, the effective conduct of public affairs.  

 

In relation to your request, a Minister has decided that, in his
reasonable opinion, disclosure of the remaining emails between the
Department and Bristol City Council is likely to have this prejudicial
effect and therefore the exemption in Section 36 applies.

 

Section 36(2) is a qualified exemption and therefore a public interest
test has been carried out. In doing so the following factors have been
taken into consideration:

 

Open conduct of public affairs may lead to increased trust and engagement
between citizens and government. It is desirable for citizens to be
confident that decisions are taken on the basis of the best available
information, to understand decisions affecting their lives, and to be able
to challenge those decisions.

 

However, the Safety Valve programme can only function if a truly frank and
honest exchange can occur with local authorities. It is imperative that
the Department has an honest account of the facts in order to determine
whether a Safety Valve agreement is viable, but this requires that local
authorities to have the space to provide such an account. This cannot be
achieved if local authorities are fearful of providing details relating to
their activities as part of their plans. The information in these emails
pertains to specific discussions to reach a Safety Valve deal with
Bristol. Releasing this information would have a restrictive effect on
on-going communications with local authorities already in the Safety Valve
programme and any future negotiations with local authorities about joining
the programme. However, please be assured that Bristol has continued to
consult on its approach to developing and improving SEND services, which
is now captured by the Safety Valve agreement.

 

The arguments for and against release have been considered and it has been
decided that the balance of public interest falls in favour of the
maintenance of this exemption. We believe that all elements of section 36
2(b) and (c) are met – namely that disclosing the information listed would
likely prejudice our ability to provide advice, an exchange of views for
the purposes of deliberation, and the effective conduct of public affairs.

 

The enclosed includes a small number of redactions to which we
are applying section 40(2) (personal data). Personal data is that which
relates to a living individual who can be identified from that data, or
from that data and other information which is likely to be in, or to come
into, the possession of the requestor.  Disclosure of this information
would contravene a number of the data protection principles in the General
Data Protection Regulations/Data Protection Act 2018, and would be
regarded as ‘unfair’.  By that, we mean the likely expectations of the
data subject that his or her information would not be disclosed to others
and the effect which disclosure would have on the data subject.  Section
40(2) is an absolute exemption and is not subject to the public interest
test.

 

The information supplied to you continues to be protected by copyright.
You are free to use it for your own purposes, including for private study
and non-commercial research, and for any other purpose authorised by an
exception in current copyright law. Documents (except photographs) can be
also used in the UK without requiring permission for the purposes of news
reporting. Any other re-use, for example commercial publication, would
require the permission of the copyright holder. 

 

Most documents produced by a government department or agency will be
protected by Crown Copyright. Most Crown copyright information can be
re-used under the Open Government Licence
([1]http://www.nationalarchives.gov.uk/doc/o...). For
information about the OGL and about re-using Crown Copyright information
please see The National Archives website
-[2]http://www.nationalarchives.gov.uk/infor...

 

Copyright in other documents may rest with a third party. For information
about obtaining permission from a third party see the Intellectual
Property Office’s website at [3]www.ipo.gov.uk.

 

If you have any queries about this letter, please contact me via the DfE
[4]contact form on GOV.UK. Please remember to quote the reference number
2024-0007440 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,

[5]logo_educationsector

References

Visible links
1. http://www.nationalarchives.gov.uk/doc/o... blocked::http://www.nationalarchives.gov.uk/doc/o...
http://www.nationalarchives.gov.uk/doc/o...
2. http://www.nationalarchives.gov.uk/infor... blocked::http://www.nationalarchives.gov.uk/infor...
http://www.nationalarchives.gov.uk/infor...
3. http://www.ipo.gov.uk/ blocked::http://www.ipo.gov.uk/
http://www.ipo.gov.uk/
4. https://form.education.gov.uk/service/Co...