We have removed a response that was issued on 5 February 2024 to this request, as one of the attachments contained personal information that was released in error. We've uploaded the other files that were released as part of the response. You can access these at the following url:
https://files.whatdotheyknow.com/request/pupil_data_dwp_pupil_matching_re/The original response was as follows:
Thank you for your request for information, which was received on 9 January 2024. Your request was as follows:
Dear Department for Education,Under the terms of the FOI Act 2000, please provide the following information.As referenced in the DfE data register (spreadsheet Last updated 7 December 2023) at https://www.gov.uk/government/publications/dfe-external-data-shares and archived at https://web.archive.org/web/20240109212948/https://www.gov.uk/government/publications/dfe-external-data-sharesIn 2018 "a request was received from the (Department for Work and Pensions) DWP involving 185 child identities to be checked against the National Pupil Database. Of the 185 child identities, we were able to positively match one and confirmed this to DWP as a 'Y' only. No individual data was shared back to DWP."Please provide a copy ofa) the 2018 request and any subsequent (similar) DWP requests, fulfilled or not;b) what information (types not personal data itself) was returned to the DWP for how many children and for what purposes;c) if the request (a) does not already give an explanation, please provide the document or communications that does explains what "we were able to positively match one and confirmed this to DWP as a 'Y' only" means and what (data) was matched in DfE pupil data with what data provided by the DWP;d) any data sharing agreement or MOU or similar between the departments (draft, live or finished) that are about investigating welfare benefit fraud, and / ore) about penalties or refer to prosecution in respect of either suspected benefit fraud or truancy; and / orf) that make reference to child-in-need and child protection indicators in relation to school absence or attendance data or truancy.Thank you.Sincerely,Jen PerssonI have dealt with your request under the Freedom of Information Act 2000 (“the Act”). Each question has been answered separately below:
a) Please provide a copy of the 2018 request and any subsequent (similar) DWP requests, fulfilled or not;With regards to the request from April 2018, following a search of the Department’s records I have established that the information you requested relating to this one-off bespoke data share was previously held by the Department but has not been retained as the Department has no business need to retain information relating to this historical request. As such, I can confirm that this information is not held.
With regards to subsequent (similar) requests, the following have been received from DWP since the initial request in 2018:
- DfE reference: 2023-0020534 [received June 2023]
- DfE reference: 2023-0027990 [received August 2023]
- DfE references: 2023-0028896, 2023-0028898 and 2023-0028900 [received August 2023] – These 3 requests were all part of the same investigation but came in as 3 separate requests covering different children.
- DfE reference: 2023-0033523 [received September 2023]
- DfE reference: 2023-0043219 [received November 2023]
A copy of the requests with DfE references 2023-0020534, 2023-0027990, 2023-0028896, 2023-0028898, 2023-0028900 and 2023-0043219 are attached to this response. The information provided for these requests include a small number of redactions under section 40(2) (personal data) of the Act. 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 requestor. Disclosure of this information would contravene a number of data protection principles and would be regarded as ‘unfair’. 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 request with DfE reference 2023-0033523 is held by the Department but 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. 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 request relates to an investigation which is currently open, it would not be in the public interest to disclosure information which will, or is likely to, prejudice those 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 – this is illustrated by the fact that the other requests for information (relating to investigations which have either concluded or are nearing conclusion) have been released as part of this response.
- 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 for the request with DfE reference 2023-0033523 under section 31 of the Act.
b) What information (types not personal data itself) was returned to the DWP for how many children and for what purposes;
With regards to the request from April 2018, a request was received involving 185 child identities (name and DOB) to be checked against the National Pupil Database. This information was requested for the purpose of an investigation into benefit claims for fictitious children under DWP’s statutory and common law functions to a) investigate benefit fraud, and b) impose penalties or refer for prosecution in respect of suspected benefit fraud. Where a successful match was found in the NPD, a ‘Y’ to indicate a possible record for that child was provided to DWP – this was only provided for one child as there was only one child where a match on name and DOB was found. No other information (either personal or otherwise) was provided to DWP by DfE.
With regards to any subsequent (similar) requests:
- 2023-0020534: Information was requested by DWP for 12 children to establish if DfE hold a record of those children being registered at school. Information was returned by DfE for each of these 12 children which confirmed whether DfE held a record of these children attending school and when that information was last collected. No details of the schools attended, or any other information (either personal or otherwise), was provided to DWP by DfE. Please see information provided in response to part a) for further details of this request.
- 2023-0027990: Information was requested by DWP for 1 child in connection with an investigation into offences that may have been committed under the Fraud Act 2006. Information was provided by DfE for that child which comprised of the details, and associated dates, of pupil address and school attended. No other information (either personal or otherwise) was provided to DWP by DfE. Please see information provided in response to part a) for further details of this request.
- 2023-0028896, 2023-0028898 and 2023-0028900: Information was requested by DWP for 7 children to establish if DfE hold a record of those children being registered at school. Information was returned by DfE for 2 children where a match was found which confirmed the school the child currently attended and the date the information was collected. No other information (either personal or otherwise) was provided to DWP by DfE. Please see information provided in response to part a) for further details of this request.
- 2023-0033523: Information was requested by DWP for 1 child in connection with an investigation into offences that may have been committed under the Fraud Act 2006. No information (either personal or otherwise) was provided to DWP by DfE as DfE were not able to successfully match to a record in the NPD.
- 2023-0043219: Information was requested by DWP for 2 children to establish if DfE hold a record of those children being registered at school. No information (either personal or otherwise) was provided to DWP by DfE as DfE were not able to successfully match to a record in the NPD. Please see information provided in response to part a) for further details of this request.
c) if the request (a) does not already give an explanation, please provide the document or communications that does explains what “we were able to positively match one and confirmed this to DWP as a ‘Y’ only” means and what (data) was matched in DfE pupil data with what data provided by the DWP;Please see response to question b) for details explaining the activities relating to the request from April 2018. The name and DOB of the child identities provided by DWP were searched by DfE against the full national pupil database. Further details of all the data sources available in the national pupil database, and therefore the sources searched by DfE, are available from the
Find and explore data in the NPD digital service or the spreadsheet based
NPD data tables.
d) any data sharing agreement or MOU or similar between the departments (draft live or finished) that are about investigating welfare benefit fraud;A copy of the only MoU between the DfE and DWP in scope of this part of the request is attached to this response. The information provided for these requests include a small number of redactions under section 40(2) (personal data) and section 31(1)(2) (law enforcement) of the Act.
Section 40(2) applies where 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 requestor. Disclosure of this information would contravene a number of data protection principles and would be regarded as ‘unfair’. 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.
Section 31(1)(2) applies where complying with the request would prejudice or would be likely to prejudice various law enforcement purposes. 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 by DfE and DWP:
- 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 participating departments before any data is shared. 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.
- Factors in favour of non-disclosure: There is a clear public interest in protecting society from the impact of crime. Disclosing full details of the type of fraud being considered, and the method or data being used to identify fraud, would not be in the public interest as it would provide opportunity for fraudsters to amend their methodology and avoid the fraud and error controls which this data share supports.
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 has redacted elements of the MoU outlining the specifics of the fraud being considered and the methodology applied, and data used, to identify fraud.
e) any data sharing agreement or MOU or similar between the departments (draft, live or finished) that are about penalties or refer to prosecution in respect of either suspected benefit fraud or truancy;See question a) for details of data shares between DfE and DWP to support DWP’s statutory and common law functions to a) investigate benefit fraud, and b) impose penalties or refer for prosecution in respect of suspected benefit fraud. No further MoUs or data sharing agreements exist between DfE and DWP for those purposes.
f) any data sharing agreement or MOU or similar between the departments (draft live or finished) that are that make reference to child-in-need and child protection indicators in relation to school absence or attendance data or truancy.No MoUs or data sharing agreements exist between DfE and DWP for those purposes.
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 (
http://www.nationalarchives.gov.uk/doc/open-government-licence/). For information about the OGL and about re-using Crown Copyright information please see The National Archives website -
https://www.nationalarchives.gov.uk/information-management/re-using-public-sector-information/uk-government-licensing-framework/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
www.ipo.gov.uk.
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
Gary Connell
DfE Head of Data Ownership and Data Sharing
