FOI 20211210 1 ltr Law Admissions Manual.pdf

INFORMATION COMPLIANCE TEAM
University Offices, Wellington Square, Oxford OX1 2JD


Ref: FOI/20211210/1
12 January 2022

Reply to request for information under the Freedom of Information Act
Your ref
Email of 10th December 2021
_
I am requesting the latest edition of the internal Admissions Manual/Handbook for
Request
Undergraduate Law, i.e. the one that would be used for the cohort applying for entry in
2022.

Dear Mr Nessa,
I write in reply to your email of 10 December 2021, requesting the information detailed above.
Please find this information attached, subject to the redactions explained below.

Section 40(2) – Breach of data protection principles
We have redacted any information that might identify members of staff where we consider this information to
be exempt from disclosure under section 40(2) of the FOIA. Section 40(2) provides an exemption from disclosure
for  information  that  is  the  personal  data  of  an  individual  other  than  the  requester,  where  disclosure  would
breach any of the data protection principles in Article 5 of the GDPR. We consider that disclosure would breach
the  first  data  protection  principle,  which  requires  that  personal  data  is  processed  lawfully,  fairly  and  in  a
transparent manner. Disclosure would be unfair to the individuals concerned, because it would be contrary to
their reasonable and legitimate expectations. They would not reasonably expect that information about their
role in the administration of the law admissions process would be made public under the FOIA without their
consent. Consequently, there would be no lawful basis to disclose the information under Article 6.1(a) of the
GDPR.
The exemption in section 40(2) is an absolute exemption and is not subject to the public interest test provided
for in section 2(2)(b) of the FOIA. To the extent that the public interest is relevant in this case, the University
considers  it  is  satisfied  by  the  attached  information  and  that  the  disclosure  of  names  or  other  identifying
information is not necessary to meet a legitimate public interest that would outweigh the rights of the individuals
involved.
Section 43(2) – Prejudice to commercial interests

We have also redacted details of the University’s use of contextualised data, including the process for
calculating contextualised GCSEs.  We consider this information to be exempt from disclosure under section
43(2) of the FOIA. Section 43(2) of the FOIA provides that information is exempt where its disclosure would,
or would be likely to, prejudice the commercial interests of any person. For the reasons given below, we
consider that disclosure of information relating to how the University calculates contextualized GCSE scores
would be likely to prejudice the University’s commercial interests.
All universities who wish to charge the maximum fee for undergraduate students are required to agree with
the Office for Students (OfS) an Access and Participation Plan (APP), setting out their targets for attracting

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more students from historically under-represented groups, including those from disadvantaged backgrounds.
If the OfS is not satisfied that sufficient progress is being made towards a university’s targets, it has the
power to reduce the fee that the university is able to charge its undergraduates. Universities are therefore in
competition with one another to attract and admit students from specific target groups.

This competition is particularly intense for Oxford and other leading universities (such as the Russel Group),
because they have higher entrance requirements: Oxford generally requires A*A*A to AAA at A-level (or
other equivalent qualifications) depending on the course. This means that Oxford and similar universities are
competing to recruit and admit only the highest-performing students from the specific target groups.

Oxford’s system of contextualising GCSEs is part of our wider consideration of contextual data which should
give Oxford a competitive edge that will enable it to identify more effectively high-performing students from
the target under-represented groups, who would be most likely to thrive on an Oxford degree course. Details
of our use of contextualised GCSEs and other contextual data would be of significant value and interest to
Oxford’s main competitors, who might introduce similar changes to their own admissions processes,
offsetting any competitive advantage that Oxford might gain.

Section 43(2) is a qualified exemption that requires the University to weigh up the public interest in
disclosing the information requested, which is presumed under FOIA, against the public interest in
withholding it. The University recognises that there is a public interest in the disclosure of the information
requested.  Generally, there is an interest in openness and transparency in the conduct of the University’s
affairs.  More specifically, there is an interest in information relating to the efforts of the University to
diversify and broaden its undergraduate student body. However, we consider that this interest can be met
without impairing the University’s ability to compete with other institutions, and to do so on a level –playing
field. The University already publishes a considerable amount of information on its efforts to widen
participation, including its APP1. This information includes statistics on progress in meeting access targets, as
well as details of the University’s outreach activities across the collegiate University, including projects
undertaken by individual departments and in collaboration with colleges. In our view, this information is
more than sufficient to meet the public interest in disclosure. In addition, it would be contrary to fair
competition if one institution were required to disclose commercially sensitive information separately from
other institutions. We therefore consider that the balance of public interests lies in favour of maintaining the
exemption.

Please note that the attached information should not be copied, reproduced or used except in accordance with
the law of copyright. In particular, any re-use for commercial purposes would require the permission of the
University and/or any other copyright holders.

INTERNAL REVIEW
If you are dissatisfied with this reply, you may ask the University to review it by e-mailing xxx@xxxxx.xx.xx.xx.
A request for internal review should be submitted no later than 40 working days from the date of this letter.
THE INFORMATION COMMISSIONER
If, after the internal review, you are still dissatisfied, you have the right under FOIA to apply to the Information
Commissioner for a decision as to whether your request has been dealt with in accordance with the FOIA. You
can do this online using the Information Commissioner’s complaints portal.

1 https://academic.admin.ox.ac.uk/app

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Yours sincerely
Information Compliance Team