Dear Mr Cooper, 

Thank you for your request dated 17th May 2022

 Our response is as follows:

Please may you provide me with copies of any correspondence (electronic or
paper)  held in relation to the conversion of Watermoor CodE primary
school URN: 115614. This may include, but should not be limited to, copies
of letter sent to the school, information collected during any
consultation works, emails to the LA (Gloucestershire) and the RSC.

I would also request copies of any due-diligence undertaken I understand
that these may need to be redacted to ensure personal information isn't
shared

Letters from the RSC have gone directly to Watermoor CofE Primary School
and DGAT will send parental consultation once conversation has been signed
off as this is still a ‘live matter’. 

As for due diligence and further correspondence, DGATS Qualified Person,
Richard Morley of Schoolpro  our DPO , is of the opinion that disclosing
these documents would be likely to prejudice the provision of advice or
the exchange of views and would otherwise prejudice the effective conduct
of public affairs.

Section 36 - Prejudice to the effective conduct of public affairs

The qualified person has had access to all relevant material including
the  withheld information. The Qualified Person is of the view that
the information is exempt from disclosure under section 36 of the Freedom
of Information Act 2000.

Section 36 of the Freedom of Information Act 2000 (FOIA) provides that, 
“Information to which this section applies is exempt information if,
in the reasonable opinion of a qualified person, disclosure of
the information under this Act:

(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

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

Disclosure of the requested information is likely to inhibit DGAT
personnel and others in expressing their views and deliberating
issues  which would in turn impair the quality of decision making. There
is a need for a safe space for DGAT colleagues and others to have free and
frank 
exchanges in order for DGAT to assure itself,  that the
appropriate approach is taken and decision making is effective.

The requested information relates to a live issue and
communications between DGAT, the school and DfE (RSC) is still ongoing.
 DGAT therefore need a safe space for discussions to develop ideas and
issues, and to reach decisions away from external interference and
distraction.

Placing the requested information in the public domain would prejudice
the effective conduct of public affairs, and releasing the information
would 
be likely to inhibit the ability of officers to engage in full and
frank provision of advice or exchange of ideas. The documents identified
within 
the request primarily relate to internal and external discussions of
a formal or informal nature, and releasing the content of these
documents would inhibit the ability to engage in future discussions of
this nature, due to the perceived risk that such documentation could enter
the public domain.

The exemption is a qualified exemption which means that where
the exemption is engaged a public interest test must be carried out to 
determine whether the public interest in maintaining the
exemption outweighs the public interest in disclosing the information.

Public interest in favour of disclosing the information

•      The Qualified Person accepts that disclosure of this
information would be of interest to the local community.

•      DGAT acknowledges there is a public interest in
openness, transparency and accountability and in members of the public
having access to information which enables them to understand more clearly
why certain 
decisions have been made and the DGAT rationale and reasoning.

•      DGAT acknowledges there is a strong public interest in disclosure
of information which would demonstrate that this sensitive issue has been
properly discussed and deliberated.

Public interest in favour of maintaining the exemption

·         Disclosure of the information would be likely to remove
the space within which DGAT and others are able to discuss options freely
and frankly.  Key organisations would also be less likely in the future to
co-operate in this way.

·          There is also the added possible implication that
the publication of this information may lead to a misunderstanding by
those affected and wider public which given the serious nature of the
issues involved cannot be allowed to occur.

·         Releasing these documents would inhibit the ability of
the DGAT to engage in full and frank discussions with other parties. The
release of this information would undermine the DGATs 
working relationship with the other relevant parties which is
dependent upon the ability of all organisations involved communicating in
an open 
and effective manner.

·         Disclosure of the information would have a detrimental effect
on our ability to conduct our statutory functions.

·         Good trust governance  depends on good decision-making which
needs to be based on the best advice available with full consideration of
the 
options. If such exchanges were to be released, it is likely that
advice from DGAT and others would be less candid and robust in the
future,  and decision-making could be impaired.

·         DGAT and others must have confidence that they can share views
with one another and that there is an opportunity to understand and, 
where appropriate, challenge issues presented to them.

It is the Qualified Person’s view that the public interest is best
served by maintaining the exemption. The council therefore concludes that
the public interest in maintaining the exemption outweighs the public
interest in disclosure.

Should you have any further queries please contact me in the first
instance

Rob Jones

Head of Business and Operations

The Diocese of Gloucester Academies Trust

3 College Green

Gloucester

GL1 2LR

Direct Dial Number: 01452 835569 

[mobile number]

[1]http://dgat.org.uk/

Diocese of Gloucester Academies Trust.  Registered Office: 3 College
Green, Gloucester, GL1 2LR. Registered in England. Company Number:
08149299

All Diocese of Gloucester Academies Trust’s (DGAT) emails and attachments
are private and intended solely for the use of the individual or entity to
whom they are addressed. Unauthorised use (for example disclosure, storage
or copying) is not permitted. If you are not the intended recipient please
destroy all copies and inform the sender by return email. DGAT reserves
the right to monitor record and retain any incoming and outgoing emails.
Any views or opinions expressed in this email are solely those of the
author and do not necessarily represent those of DGAT. DGAT checks all
emails and attachments for known malware and viruses but cannot guarantee
they are malware or virus free.

References

Visible links
1. http://dgat.org.uk/

Dear Mr Cooper, 

Thank you for your recent enquiry with schoolpro the Trusts DPO in respect
of your original FOI request which was submitted on the 17^th May 2022 and
was previously  responded to in accordance with the Freedom of Information
act.

On consultation with our DPO  in response for a subsequent request for
information in regard of correspondence between the RSC and the Trust  an
in addition the school and parents. Please see attached the requested
documentation.

Kind regards

Rob Jones

Head of Business and Operations

The Diocese of Gloucester Academies Trust

3 College Green

Gloucester

GL1 2LR

Direct Dial Number: 01452 835569 

[mobile number]

[1]http://dgat.org.uk/

Diocese of Gloucester Academies Trust.  Registered Office: 3 College
Green, Gloucester, GL1 2LR. Registered in England. Company Number:
08149299

All Diocese of Gloucester Academies Trust’s (DGAT) emails and attachments
are private and intended solely for the use of the individual or entity to
whom they are addressed. Unauthorised use (for example disclosure, storage
or copying) is not permitted. If you are not the intended recipient please
destroy all copies and inform the sender by return email. DGAT reserves
the right to monitor record and retain any incoming and outgoing emails.
Any views or opinions expressed in this email are solely those of the
author and do not necessarily represent those of DGAT. DGAT checks all
emails and attachments for known malware and viruses but cannot guarantee
they are malware or virus free.

References

Visible links
1. http://dgat.org.uk/