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Dear  Jen Persson 

Thank you for your recent enquiry which was received on 31 July.

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 2020-0041447. 

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 Jen Persson,
Thank you for your request for information, which was received on 31 July
2020. You requested:
“This is a new FOI request, but in follow up to FOI reference number
2020-0036693, thank you for the information provided.
I would like to ask for a clarification on processing of pupil data for
the Home Office, and further new information in questions 2-5, that have
both processing of Pupil data and Workforce data in scope.
1.) In answer to the question, you wrote that, "upon receipt of a request
from the Home Office, the Department will check the data held in the
National Pupil Database (NPD) for a match based on name, date of birth and
address."
Given that the National Pupil Database is a linked dataset from many more
sources than four types of census, are you able to confirm that no data in
the NPD which has been obtained from any other sources has ever been used
for:
a) running a match / confirmation check (even if data not provided from
this original source)
b) to provide data to Home Office for successful matches
These other sources include data in the National Pupil Database from:
Early Years Foundation Stage Profile
Reception Baseline Assessment
Year 1 Phonics Test
Key Stage 1 SATs
Multiplication Times Tables Test
Key Stage 2 SATs
Key Stage 4 Awarding Body data
Key Stage 4 Achievement & Attainment Tables data
Key Stage 5 Awarding Body data
Key Stage 5 Achievement & Attainment Tables data
Individual Learner Records (ILR)
HESA data
Children Looked After
Children In Need
PLAMS Post-16 Learning Aims
NCCIS National Client Caseload Information
Independent Specialist Providers (ISP)
2.) Home Office / DfE data cooperation: Please provide the most recent
copy of every MOU / agreement for any data cooperation between the two
Departments (DfE and the Home Office). The purposes may be broader than
for those of the Hostile Environment, such as missing persons or other
aims.
3.) Department of Work and Pension / DfE data cooperation: In April 2018 a
request was received from DWP involving 185 child identities to be checked
against the National Pupil Database. Please can you provide the most
recent copy of any MOU / Data sharing agreement for any cooperation
between the two Departments for such processing, regardless of whether
data was/is shared or not, or simply confirmation of the question is
returned, with a Y, and to confirm the possible sources such data would
come from (as in (1)).
4) Policing/ DfE data cooperation: In November 2019 a total 2,136 request
for all pupils who attended a specified school during a four year period
was provided to police. Please provide:
a) which 4 years this was for
(b) the most recent copy of the MOU / Data sharing agreement for any
cooperation between the Department and Police (that should list the data
items that may have been shared ie. name, DOB. Note: I am not asking for
John Doe, 01.01.1901, and if not, please provide this separately) and
(c) if it is a separate document, a copy of the approval process that
signed-off that data sharing.
(d) and to confirm all the sources such data would have come from (as in
(1)).
5.a) Prevent/ DfE data cooperation: The most recent copy of any data
sharing agreement between The Department, and a number of education
institutions in Manchester, together with Great Manchester Police which
allows FE colleges to tell universities about incoming students who have
been referred to the Prevent programme (under all its parts such as
Channel etc).
5.b) Confirm how many more such data sharing agreements between The
Department, and other education institutions exist for the purposes of the
Prevent programme, and provide a copy of each agreement.”
I am dealing with your request under the Freedom of Information Act 2000. 

1.) In answer to the question, you wrote that, "upon receipt of a request
from the Home Office, the Department will check the data held in the
National Pupil Database (NPD) for a match based on name, date of birth and
address."
Given that the National Pupil Database is a linked dataset from many more
sources than four types of census, are you able to confirm that no data in
the NPD which has been obtained from any other sources has ever been used
for:
a) running a match / confirmation check (even if data not provided from
this original source)
b) to provide data to Home Office for successful matches
As confirmed in our previous response (dated 30 July 2020, reference
2020-0036693), upon receipt of a request from the Home Office, the
Department will check the data held in the National Pupil Database (NPD)
for a match based on name, date of birth and address against the following
sources:

* School Census
* Alternative Provision Census
* Pupil Referral Unit Census (last collected in 2013, incorporated
within the School Census from 2014)
* Early Years Census

2.) Home Office / DfE data cooperation: Please provide the most recent
copy of every MOU / agreement for any data cooperation between the two
Departments (DfE and the Home Office). The purposes may be broader than
for those of the Hostile Environment, such as missing persons or other
aims.
With regards to the MoU that enables the sharing of personal data to
support immigration enforcement and the need to safeguard and promote
welfare of children in the UK, the current version of the Umbrella MoU
(version 1) and the Process MoU (version 3) was signed by officials from
DfE and Home Office, and came into force, on 31 January 2019. In line with
the current version of the Umbrella MoU and the Process MoU, a review of
these documents began in January 2020; however, this review is still to be
completed and the current version of the MoU remains in force.
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 current versions of the Umbrella MoU and the
Process MoU between the DfE and Home Office governing the sharing of
information to support immigration enforcement and the need to safeguard
and promote welfare of children in the UK is available in the house
library and can be found here:
[1]http://data.parliament.uk/DepositedPaper...
With regards to the data sharing agreement that enables the sharing of
personal data to evaluate the Vulnerable Persons and Children’s
Resettlement (VPR/VCR) Schemes for research purposes (DSAP Reference
Number DS00040 on the [2]DfE external data shares publication), the
Agreement to make DfE Data Extracts available in ONS SRS, along with the
Schedule to the Agreement are attached.
With regards to the data sharing agreement that enables the sharing of
personal data to support the following eligibility checking services:

* Free School Meals (FSM)
* 2 year olds Early Education (2YOEE)
* Early Years Pupil Premium (EYPP) eligibility checking.

The Memorandum of Understanding between DfE and the Home Office acting
through the United Kingdom Visas & Immigration (UKVI) is attached.
You will notice that the information linked to and attached above contains
a number of redactions where we have applied section 40(2) (personal
data), this is because the information in question includes third party
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 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.

3.) Department of Work and Pension / DfE data cooperation: In April 2018 a
request was received from DWP involving 185 child identities to be checked
against the National Pupil Database. Please can you provide the most
recent copy of any MOU / Data sharing agreement for any cooperation
between the two Departments for such processing, regardless of whether
data was/is shared or not, or simply confirmation of the question is
returned, with a Y, and to confirm the possible sources such data would
come from (as in (1)).
The Department holds the information you requested, but it is being
withheld because the following exemption applies to this information –
Section 31 of the Act which applies where complying with the request would
prejudice or would be likely to prejudice various law enforcement
purposes. The information already published on GOV.UK confirms that this
share took place to support DWP statutory and common law functions to
investigate benefit fraud, and impose penalties or refer for prosecution
in respect of suspected benefit fraud.
Section 31 (1)(a)(b)(c)(g) (2)(a)(b) – Law Enforcement
Section 31 (1) (2) of the Act is a qualified exemption which means that a
public interest test needs to be carried out. In doing so the following
factors have been fully considered:
Factors in favour of disclosure

* There is a general public interest in disclosure. Open policy and
decision making may lead to increased trust and engagement between
citizens and government and provide re-assurance that decisions are
taken on the basis of the best available information. For example,
with regards to law enforcement, public interest in disclosing
information allows the public to hold bodies with enforcement powers
to account and increases transparency about how they perform their
functions. Similarly, the release of information will also demonstrate
the strict governance, and due diligence, applied by the Department
before any requests for information are approved.
* It is also important that the public have confidence in the public
authorities responsible for enforcing the law. There is a general
public interest in disclosing information that promotes accountability
and transparency in order to maintain that confidence and trust.
* Law enforcement is a matter of public importance about which public
debate could be informed by disclosure.
* Disclosure may also help protect against investigations that either
lack thoroughness or are biased in their application. However a mere
allegation of lack of probity is not sufficient to justify attributing
weight to this argument and there must be a plausible basis for
suspicion of lack of probity, even if it is not actually proven.

Factors in favour of non-disclosure

* There is a clear public interest in protecting society from the impact
of crime. As this case relates to an open investigation, it would not
be in the public interest to disclosure information which will, or is
likely to, prejudice ongoing investigations. This is especially the
case where the public disclosure of information does not reduce the
likelihood, or potential, for further harm.
* Investigators (in this case government departments) need private
thinking space, or safe space, to fully explore all aspects of a case
without fear that their half formed opinions would be reported in the
press or enter the public domain. Such concerns would hinder the
efficient running of an investigation. Whilst investigators may expect
their findings to be made public, this would normally be at a later
stage of the investigation.
* The Department, as part of its ongoing transparency publications,
already make public a range of information concerning DfE data shares
on GOV.UK

In light of the factors noted above, the Department has therefore
concluded that the public interest in non-disclosure outweighs the public
interest in disclosure and is withholding the information requested under
section 31 of the Act.

4) Policing/ DfE data cooperation: In November 2019 a total 2,136 request
for all pupils who attended a specified school during a four year period
was provided to police. Please provide:
a) which 4 years this was for
The request was for pupils who attended the specified school with a date
of birth in the 4 year period 1992-1995 and those who attended the (same)
specified school in the 4 year period 2006-2009.
(b) the most recent copy of the MOU / Data sharing agreement for any
cooperation between the Department and Police (that should list the data
items that may have been shared ie. name, DOB. Note: I am not asking for
John Doe, 01.01.1901, and if not, please provide this separately); and
(c) if it is a separate document, a copy of the approval process that
signed-off that data sharing.
Each request for personal information from the Police is considered on a
case by case basis following submission of a Personal Data Request Form
from the respective police force to the Department. Each force has their
own individual Personal Data Request form template which, when completed,
will document on a restricted ‘need to know’ basis the specific data being
requested for the particular investigation alongside the legal basis and /
or DPA exemption under which the request is being made.
In light of the above, there is no overarching MOU or data sharing
agreement that covers data sharing between the DfE and Police nor is there
a separate approval or governance process where the Personal Data Request
Form has been submitted via the correct channels.
In response to the second part of your request under question 4(b), I can
confirm that the data items requested for each individual in scope of the
November 2019 request were name, date of birth, last known home address,
entry date and leaving date.
(d) and to confirm all the sources such data would have come from (as in
(1)).
.As the data in scope of this request related to pupils in attendance at a
specified school, the source of data searched against, and shared, was
limited to the school census data stored in the NPD.
5.a) Prevent/ DfE data cooperation: The most recent copy of any data
sharing agreement between The Department, and a number of education
institutions in Manchester, together with Great Manchester Police which
allows FE colleges to tell universities about incoming students who have
been referred to the Prevent programme (under all its parts such as
Channel etc).
The Department does not have any data sharing agreement in place with any
education institutions in Manchester or the Greater Manchester Police.
Therefore, the Department does not hold the data you request.
5.b) Confirm how many more such data sharing agreements between The
Department, and other education institutions exist for the purposes of the
Prevent programme, and provide a copy of each agreement.
The Department does not have any data sharing agreement in place with any
other education institutions for the purposes of the Prevent programme.
Therefore, the Department does not hold the data you request.
 
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.
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 faithfully,
Chris Douglass

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