Reason for refusal of free school

The request was refused by Department for Education.

Under the Freedom of Information Act, I would like to request information and reasoning about why the application for a free school was refused at Crindledyke Farm in Carlisle, Cumbria.

Department for Education

Dear Ms Calvert

 

Thank you for your recent enquiry. 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 2016-0037612.

 

Thank
you                                                                     

 

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

 

Department for Education

Dear Ms Calvert,

Thank you for your email dated 3 August about why the application for Crindledyke CofE Primary School was refused. I have dealt with your request under the Freedom of Information Act 2000 (the Act).

You asked:

Under the Freedom of Information Act I would like to request information and reasoning about why the free school was refused at Crindledyke Farm, Carlisle, Cumbria.

The information requested is being withheld because it is exempt from disclosure under Section 36.

Section 36(2) 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, or would be likely to, inhibit the free and frank provision of advice – section 36(2)(b)(i) and,
• would, or would be likely to, inhibit the free and frank exchange of views for the purposes of deliberation - Section 36 (2) (b) (ii).

In relation to your request, a Minister has decided that, in his /her reasonable opinion, disclosure of why a free school was refused and the reasoning behind it is likely to inhibit the free and frank exchange of views for the purpose of deliberation and inhibit the free and frank provision of advice. Therefore the exemption 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 consideration:

• 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.

• However, it is crucial to the development of policy that officials and other colleagues feel able to express their opinions and advice in an honest but protected space. The material in scope of this request, including documents related to the assessment and approval process, is vital to the discussion and deliberation between officials and advisers when deciding whether a free school application should progress to the next stage. By releasing this information, we may inhibit discussion for fear that early deliberations may be released.
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 certain information requested.

Finally, I should let you know that if you are unhappy with the way your request has been handled, you should make a complaint in writing within two calendar months of the date of this letter. Your complaint will be considered by an independent review panel not involved in the original consideration of your request. If you are not content with the outcome of your complaint you may then contact the Information Commissioner’s Office.

Yours sincerely,

Kevin Ryan
Free Schools Group

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