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Dear Rebecca Woodward 

Thank you for your recent enquiry which was received on 14/05/2021.

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
reference number 2021-0027180.

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

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Dear Rebecca Woodward

I would like to offer my apologies for the delay in responding to your FOI
request 2021-0027180.   You requested:
 
“I would like to know about meetings/correspondence/emails between the
department of education officials and those trying to set up Langley Hill
Independent School in Kings Langley.

Could I see a list of attendees for any meetings, any minutes, letters and
emails regarding the attempted opening of school there. “
 
The department takes very seriously its obligations under the Act,
including the requirement to respond within the statutory deadline of 20
working days. I am afraid that we have not been able to maintain this
standard in this instance and while there may be considered to be
mitigating circumstances, this delay is not acceptable and I am very sorry
for the inconvenience which it may cause you.
We are preparing information for release and intend to send it to you as
soon as possible. 
 
Yours sincerely
Karen Bielby
Independent Education and Boarding Team
Department for Education

Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

Dear  Ms Woodward 

Thank you for your email.  I can only apologise again for the delay in
responding to your FOI request.  Please be assured we are working on the
response and hope to have this with you as soon as possible.

Your correspondence has been allocated reference number 2021-0034992. If
you need to respond to us, please visit:
[1]https://www.education.gov.uk/contactus and quote your reference number.

Yours sincerely

Karen BIELBY 

Independent Education Division

Web: [2]https://www.education.gov.uk
Twitter: [3]https://www.twitter.com/educationgovuk
Facebook: [4]https://www.facebook.com/educationgovuk

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Dear Rebecca Woodward

I refer to your request for information, which was received on 14 May
2021. I apologise for the delay in responding.

You requested:
“I would like to know about meetings/correspondence/emails between the
department of education officials and those trying to set up Langley Hill
Independent School in Kings Langley.

Could I see a list of attendees for any meetings, any minutes, letters and
emails regarding the attempted opening of school there. “

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

I have established that some of the information you requested is not held
by this department.  There are no minutes or attendee lists produced by
the department relating to meetings between the proposed proprietors and
officials.

Of the information held, that which can be released is attached.

You will see that some of that information has been redacted. This is
because the information in question is or includes third party personal
data and is therefore being withheld under s40(2) of the Act.  Personal
data is that which relates to a living individual who can be identified
from that data or any other information which is likely to be in, or to
come into the possession of the requester. Disclosure of this information
would be considered unfair under Data Protection Act / General Data
Protection Regulation 2018. 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 remainder of the information is being withheld because the following
exemptions apply:

Section 36 (Prejudice to the effective conduct of public affairs):
The Department holds correspondence between the Department and the school
and its owners. However, this information is being withheld as disclosure
is likely to inhibit:

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

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 be likely otherwise to prejudice the
effective conduct of public affairs.
A minister has decided that, in their reasonable opinion, disclosure of
this information in the scope of your request is likely to have these
prejudicial effects and therefore the exemptions in section 36 applies.

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 account:
 

The Department recognises the public interest in being able to hold public
bodies to account. It is acknowledged that there is a general public
interest in disclosure because of the need for there to be open and
transparent government and that the sharing of information with the public
should be free and open. It is likely to be of interest for the public to
see evidence of due process carried out in relation to independent school
registration.

However, we believe that disclosure in this case would make it more
difficult for the Department to deliver its core business of ensuring
independent schools meet the Independent School Standards before being
registered. The information contained within the requested documents
relate to our operational functions and ability to be able to ensure that
we only register those schools which are able to meet the standards as set
out in legislation. We rely on schools applying for registration to
provide us with information to allow us to make informed decisions, in
turn, they rely on us to provide open and honest advice, without which
they are unlikely to achieve a successful registration. This information
is provided by both sides in an expectation of confidence to allow the
free and frank exchange of views.

We do not think that information would be as freely exchanged in future if
there were an expectation that the information shared in confidence would
one day be released to the public. As such disclosure of these documents
and conversations would make it more difficult for the department to
deliver its core business of ensuring independent schools meet the
Independent School Standards Regulations before being registered, since we
rely on proprietors sharing the information we use on a full and frank
basis and in turn they rely on us respecting that confidence.

Section 21 Information accessible to applicant by other means:
Under section 21 of the Act, the department is not required to provide
information in response to a request if it is already reasonably
accessible to you. The pre-registration inspection reports referred to in
the disclosed information can be found on the Ofsted website: [1]Ofsted |
Search

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
([2]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
-[3]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 [4]www.ipo.gov.uk.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number 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 faithfully
Eliot Barrass
Unregistered Schools Unit
Independent Education and Boarding Team
 

Web: [5]https://www.education.gov.uk
Twitter: [6]https://www.twitter.com/educationgovuk
Facebook: [7]https://www.facebook.com/educationgovuk

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Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

Dear  Rebecca Woodward 

Thank you for your recent enquiry which was received on 4 August.

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
reference number 2021-0037429.

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

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Dear Ms Woodward

Thank you for your request for information, which was received on 5
August.
You requested:
“Many thanks for this reply.

I would like to clarify a couple of points.

Firstly in item 35_final - an email chain from 7th November 2019.

A meeting is being set up - are there are minutes, agendas, notes
regarding this meeting?

I would like to confirm whether this was the only meeting by where AST
representatives were present alongside LHIS / AFL members to discuss LHIS?

It is also mentioned in the that SLA (service level Agreement) that AST
had with AFL was providing all the ALL of the services underpinning the
opening of the school at RSSKL.

Could you please clarify if there was a copy of the SLA given to the DfE,
and if you can release this to me please. I also want to know what the DfE
established the ongoing agreements were between AST and AFL if LHIS had
been successful in opening?”

We are dealing with your request under the Freedom of Information Act 2000
(“the Act”).

The Department holds some of the information you have requested. However,
we consider that the following exemptions apply to your request:

Section 36 Prejudice To Effective Conduct Of Public Affairs:

Section 36 relates to information that if disclosed would adversely affect
the delivery of effective central government and other public services. It
exempts
information whose disclosure would be likely to have any the following
effects:

 inhibit the free and frank provision of advice and exchange of views for
the
purposes of deliberation; or
 prejudice the effective conduct of public affairs.

Section 36 requires a public interest test to be carried out, to determine
whether the public interest in withholding the information, outweighs the
public interest in
its release.

The Act obliges the Department to respond to requests promptly, and in any
case no later than 20 working days after receiving your request. However,
where one of the exemptions listed above is applicable, the Department
must consider whether the public interest lies in disclosing or
withholding the information. In these circumstances the Act allows the
time for response to be longer than 20 working days.

In your case the Department estimates that it will take an additional 20
days to take a decision on where the balance of the public interest lies.
It is anticipated that you will receive a full response by 30 September
2021. If it appears that it will take longer than this to reach a
conclusion, we will keep you informed.

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, which 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
Eliot Barrass
Team Leader
Independent Education and Boarding Team

Dear Rebecca Woodward 

I refer to your request for information, which was received on 5 August
2021. You requested:

“Many thanks for this reply.

I would like to clarify a couple of points.

Firstly in item 35_final - an email chain from 7th November 2019.

A meeting is being set up - are there are minutes, agendas, notes
regarding this meeting?

I would like to confirm whether this was the only meeting by where AST
representatives were present alongside LHIS / AFL members to discuss LHIS?

It is also mentioned in the that SLA (service level Agreement) that AST
had with AFL was providing all the ALL of the services underpinning the
opening of the school at RSSKL.

Could you please clarify if there was a copy of the SLA given to the DfE,
and if you can release this to me please. I also want to know what the DfE
established the ongoing agreements were between AST and AFL if LHIS had
been successful in opening? “

I have dealt with your request under the Freedom of Information Act 2000
(“the Act”). We have taken “AFL” to mean Avanti Foundation Ltd.

Dealing with these items in turn:

* Meeting minutes, agendas and notes:

I have established that some of the information requested is held by the
Department.  However, it is being withheld because the following
exemptions apply:

Section 36 (Prejudice to the effective conduct of public affairs):
The Department holds handwritten notes made by officials at the meeting on
8 November 2019. However, this information is being withheld as disclosure
is likely to inhibit:

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

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 be likely otherwise to prejudice the
effective conduct of public affairs. A minister has decided that, in their
reasonable opinion, disclosure of this information in the scope of your
request is likely to have these prejudicial effects and therefore the
exemptions in section 36 applies.
Section 36 is a qualified exemption and therefore a public interest test
has been carried out. In doing so the following factors have been
considered:
Arguments for disclosure
The Department recognises the public interest in being able to hold public
authorities to account. It is acknowledged that there is a public interest
in disclosure because of the need for there to be open and transparent
government and that the sharing of information with the public should be
free and open. It is likely to be of interest for the public to see
evidence of due process carried out in relation to independent school
registration.

Arguments against disclosure
We consider disclosure in this case would make it more difficult for the
department to work with schools to deliver its core business. As the
regulatory body for independent schools, the department has a
responsibility to ensure schools meet the Independent School Standards
Regulations before they are registered. We believe that disclosure of
personal notes intended for reference purposes, containing information
provided to DfE in confidence and not recorded formally or circulated, is
likely to inhibit open and honest exchange in the future.
We have considered whether the public interest in maintaining the
exemption outweighs the public interest test in disclosing the
information. We have concluded that the balance of the public interest
identified lies in favour of maintaining the exemption because the greater
public interest lies in ensuring that registration procedures are not
compromised.

* Was the only meeting by where AST representatives were present
alongside LHIS / AFL members to discuss LHIS:

The department met with Avanti Schools Trust (AST) and the proposed
proprietor, Langley Hill Independent School Ltd (LHIS) on 8 November 2019,
which is the meeting referenced in item 35. This was the only meeting
where AST and LHIS Ltd were both represented.

* A copy of the SLA that AST had with AFL

The department does not hold copies of any Service Level Agreements
between the parties mentioned above, in relation to the opening of the
proposed Langley Hill Independent School.

* Ongoing agreements were between AST and AFL if LHIS had been
successful in opening:

The department does not hold information relating to what the ongoing
agreements, between the parties mentioned above would have been if the
registration had been successful.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number, 2021-0037429, 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 faithfully
Eliot Barrass
Team Leader
Independent Education and Boarding Team
 

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

References

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