Etz Chaim business plan

Joe Turner made this Freedom of Information request to Department for Education

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Department for Education,

Under the Freedom of Information Act 2000, I would like a copy of the business plan submitted to you for the Etz Chaim Jewish Primary School under a Free School application.

Yours faithfully,

Joe Turner

Department for Education

Dear Mr Turner

Thank you for your recent email. A reply will be sent to you as soon as
possible. For information, the departmental standard for correspondence
received is that responses should be sent within 20 working days as you
are requesting information under the Freedom of Information Act 2000.

Your correspondence has been allocated the reference number
2012/0026596.

Thank you

Department for Education
Public Communications Unit
Tel: 0370 000 2288

Web: www.education.gov.uk

Twitter: www.twitter.com/educationgovuk

Facebook: www.facebook.com/educationgovuk

show quoted sections

Department for Education

Dear Mr Turner,
 

Thank you for your request for information, which was received on 8 May
2012. You requested a copy of the Business Plan submitted by Etz Chaim
Jewish Primary School.

I have dealt with your request under the Freedom of Information Act 2000
(the Act). I can confirm that the Department does hold the Business Plan
submitted for the Etz Chaim Jewish Primary School but it is being witheld
because it is exempt from disclosure under Section 36 of the Act.

 

Section 36(2)(c) of the Act exempts from disclosure information which, in
the reasonable opinion of a qualified person (a Minister in the case of
Government Departments), would otherwise prejudice, or would be likely
otherwise to prejudice, the effective conduct of public affairs. A
Minister has decided that, in his reasonable opinion, disclosure of the
information you requested would be likely to have this effect.

 

Section 36 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:

 

·      there is a general public interest in disclosure because of the
desirability of more open and transparent government and of promoting
public accountability;

 

·         releasing approved business cases would be likely to encourage
applicants in subsequent rounds to put forward similar applications or use
sections from approved business cases. This would potentially stifle
innovation;

·         releasing approved business cases might encourage applicants to
submit bids that they thought would be successful rather than submitting a
bid that best reflected the needs of the local community; and

·         business cases were generally produced after an iterative
process. Many were approved with conditions and they are all out of date
by virtue of the further development that occurred in the pre-opening
stage. It would therefore be misleading to publish them.

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, in relation to the information requested.

Some of the information in the business case, including the personal
details of proposers and governors, is exempt from disclosure under
Section 40(2) of the Act, which provides for personal data to be exempt
where its disclosure otherwise than under the Act would contravene any of
the data protection principles under the Data Protection Act 1998. This is
an absolute exemption and requires no public interest consideration.

 

Some of the figures contained in the business case have still not been
finalised.  These estimated figures are therefore exempt from disclosure
under section 43(2) of the Act because disclosure would, or would be
likely to, prejudice the commercial interests of any person.

 

Section 43 of the Act is a qualified exemption which means that a public
interest test needs to be carried out, and in doing so the following
factors have been taken into consideration:

·         there is a public interest in the transparency of the
accountability of public funds to ensure that public money is being used
effectively, and that departments are getting value for money when
purchasing goods and services;

·         however, there is also a public interest in ensuring that the
Department is able to maintain a strong bargaining position during
commercial negotiations.  Disclosure of certain information would be
likely to prejudice the commercial interests of the Department, by
adversely affecting its bargaining position and resulting in less
effective use of public money; and

·         it is clearly in the public interest to ensure the Department
receives sufficient information before entering into financial
arrangements.  Disclosure of certain information would make it less likely
that organisations or individuals would provide such information to the
Department in the future.

 

The arguments for and against release have been considered and it is our
view that the balance of public interest falls in favour of the
maintenance of this exemption in relation to the specified information
requested.

 

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,

Mike Davies
Young People's Programme
[email address]
[1]www.education.gov.uk

Your correspondence has been allocated the reference number 2012/0026596.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.education.gov.uk/

Dear Department for Education,

Please conduct an internal review of this decision.

Yours faithfully,

Joe Turner

Department for Education

Dear Mr Turner

Thank you for your recent email. A reply will be sent to you as soon as possible. For information, the departmental standard for correspondence received is that responses should be sent within 20 working days as you are requesting information under the Freedom of Information Act 2000.

Your correspondence has been allocated the reference number 2012/0039191.

Thank you

Department for Education
Public Communications Unit
Tel: 0370 000 2288

Web: www.education.gov.uk

Twitter: www.twitter.com/educationgovuk

Facebook: www.facebook.com/educationgovuk

show quoted sections

Department for Education

1 Attachment

Dear Mr Turner,
Thank you for your email received on the 6th June requesting an internal
review of our earlier response to your Freedom of Information request
about Etz Chaim school.  We have completed the review and a formal
response is attached.
Yours sincerely,

Mike Davies
Young People's Programme
[email address]
[1]www.education.gov.uk

Your correspondence has been allocated the reference number 2012/0039191.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.education.gov.uk/

Joe Turner left an annotation ()

I have finally received notice from the ICO regarding this request, and the Information Commissioner largely upheld my complaint. It remains to be seen if the DoE will appeal to the First tier Tribunal.

Department for Education

1 Attachment

Dear Mrs Gaffin & Mr Turner,

 

I have been requested to contact you and ask if you would be able to
please provide us with a postal address. This is so that the EFA can then
send you out copies of the information about the Etz Chaim Primary School;
as requested under the Freedom of Information act.

 

Many thanks.

 

Yours sincerely,

 

Rick Lawlor

............................................................................................................................................................................................................................................................................................................................

Rick Lawlor

Academies Directorate

Education Funding Agency

Floor 3, Bridge House
1 Walnut Tree Close
Guildford

Surrey, GU1 4GA

 

Tel: 01483 557065 Ext: 737065

 

[1]www.education.gov.uk

 

 [2]Description: Description: Description: Description: Description:
Description: Description: Education Funding Agency 2955

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. http://www.education.gov.uk/

Dear Department for Education,

This request was made by whatdotheyknow, which is a public website.

I think it is appropriate for you to release the information electronically, given that the school must have submitted to you an electric copy of the document. Are you telling me that the information does not exist in an electronic format?

Furthermore, I have already given my address to the Information Commissioner when making the complaint, which he upheld on 28 January stating that the information must be released, so I assume you must already have my postal address. I did not complain to the IC via the whatdotheyknow website, therefore I do not know why you are replying in this way. Please use the details I gave in the complaint to the Information Commissioner.

Yours faithfully,

Joe Turner

Department for Education

Dear Mr Turner,

Thank you for your reply, unfortunately I am not associated with your case and I was simply carrying out a request on behalf of a senior officer. I have no involvement with your case and subsequently do not have access to any of the materials from the Information Commissioner; I was simply asked to request a postal address so that we could send you hard copies of the documents, nothing more.

Please could you email us a suitable postal address, thank you.

Regards,

Rick Lawlor

show quoted sections

Department for Education

2 Attachments

Dear Mr Turner,

 

Please find attached the documents you requested under the FOI act,
relating to Etz Chaim Primary School, we hope these provide the
information you are looking for. Please be aware that the documents have
been sent in two parts, with the second to follow, this is due to the
quantity and large size of files involved.

 

Regards,

 

Alf Brown

Education Funding Agency – Academies

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Department for Education

2 Attachments

Dear Mr Turner,

 

Please find attached the documents you requested under the FOI act,
relating to Etz Chaim Primary School, we hope these provide the
information you are looking for. Please be aware that the documents have
been sent in two parts, with the second to follow, this is due to the
quantity and large size of files involved.

 

Regards,

 

Alf Brown

Education Funding Agency – Academies

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Department for Education

1 Attachment

  • Attachment

    Etz Chaim Primary School business case v6.zipx.zip

    17.8M Download

Dear Mr Turner,

 

Please find attached the second part of your request, which included the
Etz Chaim Business case document.

 

Regards,

 

Alf Brown

Education Funding Agency - Academies

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Department for Education

1 Attachment

  • Attachment

    Etz Chaim Primary School business case v6.zipx

    17.8M Download

Dear Mr Turner,

 

Please find attached the second part of your request, which included the
Etz Chaim Business case document.

 

Regards,

 

Alf Brown

Education Funding Agency - Academies

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.