Thank you for contacting the Department for Education. If you are
contacting us about coronavirus (COVID-19) you can find advice and
guidance on [1]GOV.UK. This includes [2]guidance for educational settings
in England. You can also contact our coronavirus helpline on 0800 046
8687. Lines are open Monday to Friday from 8am to 6pm and weekends 10am to
4pm.

For emails and other written enquiries you will usually receive a reply
within 15 working days. You can find out how the department processes your
personal information by reading our [3]Privacy Notice.

[4]cid:image001.jpg@01D42E43.58989C30

References

Visible links
1. https://www.gov.uk/coronavirus
https://www.gov.uk/coronavirus
2. https://www.gov.uk/government/collection...
https://www.gov.uk/government/collection...
3. https://www.gov.uk/government/organisati...
https://www.gov.uk/government/organisati...

Dear  Philip Glanville 

Thank you for your recent enquiry which was received on 1 January.

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 2021-0000048. 

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

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

Dear Mayor Glanville and Deputy Mayor Bramble,

Thank you for your request for information which was received by the
Department for Education on 1 January 2021. You asked for the following:
 
Please can you provide the data and evidence base used to (i) stagger the
return of all London's secondary schools from 18 January (ii) apply the
contingency framework to primary schools to the list of of local
authorities in Annex A and (iii) exclude the London Borough of Hackney
from the contingency framework for primary schools listed in Annex 2.

Please can you also provide the methodology, data and evidence base that
you applied in making the decision for all primary schools in the London
Borough of Hackney. The published framework we are referring to can be
found here and was issued on 30 December 2020:
[1]https://assets.publishing.service.gov.uk...
 
I have dealt with your request under the Freedom of Information Act 2000
(“the Act”).

Data and evidence base to (i) stagger the return of all London's secondary
schools from 18 January (ii) apply the contingency framework to primary
schools to the list of local authorities in Annex A and (iii) exclude the
London Borough of Hackney from the contingency framework for primary
schools listed in Annex 2. Methodology, data and evidence base that you
applied in making the decision for all primary schools in the London
Borough of Hackney.

Our published contingency framework states that, when considering
restricting face-to-face education, the department will work with other
government departments, the Chief Medical Officer, the Joint Biosecurity
Centre (JBC), Public Health England (PHE), Department for Health and
Social Care, NHS Test & Trace and relevant local authorities to ensure the
decision is informed by the available evidence and recent data. Our
published contingency framework is available here:
[2]https://www.gov.uk/government/publicatio....

As you know and have outlined within your request, on 30 December the
Education Secretary announced that the contingency framework had been
implemented for primary schools in 50 local authorities across London,
East of England and the South East. This effectively restricted attendance
at primary schools to all but children of critical workers and vulnerable
children for the first two weeks of term. 23 of London’s 33 boroughs were
included in this initial decision. However, in light of the rapidly
changing situation and after listening to local concern from the remaining
boroughs, on 1 January, an emergency Gold meeting chaired by the Health
Secretary was held to reconsider the decision. As a result, and in line
with the published contingency framework it was agreed that these
restrictions would cover all 33 London Boroughs. The decision was made and
announced the same day. The announcement is available to review at the
following link: [3]Contingency framework implemented across London
boroughs - GOV.UK (www.gov.uk).

We used a balanced approach rather than simple threshold cut-offs and took
all factors into account but with particular focus on: very high rates of
infection; particularly high increases in seven-day case rates; and
intelligence about pressure on the NHS.  These were not easy decisions to
make, but they were made according to the best clinical advice and the key
indicators set out within the Covid-19 Winter Plan:

* Case detection rates in all age groups; 
* Case detection rates in the over 60s;  
* The rate at which cases are rising or falling;  
* Positivity rate; and 
* Pressure on the NHS. 

Under section 21 of the Act, we are not required to provide information in
response to a request if it is already reasonably accessible to you.  The
full Covid-19 Winter plan is available at the following link: [4]COVID-19
Winter Plan - GOV.UK (www.gov.uk)

Also available publicly is evidence-based, objective analysis to inform
local and national decision-making in response to COVID-19 outbreak. This
information is produced by the JBC and accessible within the public
domain:  [5]Coronavirus data informing local and national decision-making
- GOV.UK (www.gov.uk) Here you will find detailed data reports which are
used to:

* advise on the COVID-19 alert level;
* help inform action on testing, contact tracing and local outbreak
management in England.

In addition to this, epidemiological data and hospitalisation metrics used
by the government to brief MPs on local restriction tiers is available as
part of the transparency data on Coronavirus cases in England: 30 December
2020 found at the following link: [6]Coronavirus cases in England: 30
December 2020 - GOV.UK (www.gov.uk).

Since your freedom of information request was received, the situation has
changed significantly. Given the rapid rise in infections, hospital
admissions and case rates across the country, partly driven by
transmission of the new variant, the Prime Minister announced a new
national lockdown on 4 January.

While children are still very unlikely to be severely affected by
COVID-19, we recognise that schools needed to be included within the
restrictions in order to have the best chance of getting the virus under
control. During this period of national restrictions, all colleges,
primary (reception onwards) and secondary schools remain open for
vulnerable children and the children of critical workers. All other
children are accessing remote learning Early Years settings remain open.

We have resisted limiting face-to-face attendance at schools until now,
but in the face of the rapidly rising numbers of cases across the country
and intense pressure on the NHS we now need to use every lever at our
disposal to reduce all contacts outside households wherever possible.

Limiting attendance does not suggest that schools, colleges and other
education and childcare settings have become less safe for children and
young people. Limiting attendance is about supporting the reduction of the
overall number of social contacts in our communities.

We know the difficulty this will cause to parents, teachers and children
and these decisions are not taken likely. Our most urgent priority now is
to protect the most vulnerable at this time, and restricting attendance in
schools, colleges and universities will assist in reducing community
transmission.

Whilst the national lockdown restrictions replaced the contingency
framework restrictions that had been active in some primary schools, the
contingency framework remains the route by which local restrictions to
education would normally be made. Such restrictions will only ever be
introduced as a last resort and we would not approach the decision lightly
or in isolation. Intelligence from those closest to the situation on the
ground continues to be crucial, and my department work with the relevant
local authorities, the Chief Medical Officer, PHE and other government
departments to ensure our decisions are informed by the available
evidence.

I would like to reassure you that the department will be continually
reviewing the restrictions on schools, colleges and universities and will
ensure that children and young people return to face-to-face education as
soon as possible.

You will be interested to know that on Tuesday 19 January, the Education
Committee held a session with experts to explore the scientific evidence
behind the decision to close schools during the latest national lockdown,
and transmission rates among children, as well as the scientific evidence
behind the decision to close schools and colleges. The transcript of this
committee will be published here: [7]Education Committee scrutinises the
science behind school closures - Committees - UK Parliament

The department holds the remainder of the information you requested, but
it is being withheld under the Freedom of Information Act 2000. The
exemption which applies to this information is s35(1)(a) which allows for
the withholding of information if it relates to the formulation or
development of government policy.

In applying section 35(1)(a), the Act requires that the department
balances the public interest in withholding the information against the
public interest in disclosing the information.  We concluded that the
public interest in maintaining the exemption and not disclosing the
information outweighs the public interest in disclosure in this instance. 
I have set out below the particular factors which the department
considered when deciding where the public interest lay:

* It is acknowledged that there is a general public interest in
releasing this information because of the need for there to be open
and transparent government.
* There is a general public interest in being able to see if Ministers
are being briefed effectively on the key areas of policy the
Department is taking forward.
* The department takes the view that the section 35 exemption is
intended to ensure that the possibility of public exposure does not
deter from full, candid and proper deliberation of policy formulation
and development, including the exploration of all options.
* Government decision making needs to be based on the best advice
available and a full consideration of the options. It is in the public
interest that the formulation of government policy and government
decision making can proceed in the self-contained space needed to
ensure that it is done well. 
* Civil servants and subject experts need to be able to engage in the
free and frank discussion of all the policy options internally, to
expose their merits and demerits and their possible implications as
appropriate. Their candour in doing so will be affected by their
assessment of whether the content of such discussion will be
disclosed. Premature disclosure of information protected under section
35 could prejudice good working relationships.
* The coronavirus (Covid-19) pandemic is a fast-paced and ongoing issue
which is continuously developing and rapidly changing. Premature
disclosure on this topic would be likely to disrupt the future working
relationships, necessary consultation and flow of Ministerial advice.
* A condensed version of the slides used by government to formulate and
develop policy and make decisions relating to the restrictions has
been made available within the public domain for transparency. Here
you will find datasets and evidence presented on 30 December which can
be found at the link: [8]PowerPoint Presentation
(publishing.service.gov.uk). As your request relates to London, please
see from page 40 onwards.
* It is the department's view that the public interest in non-disclosure
outweighs the public interest in disclosure in this case.

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
([9]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
-[10]http://www.nationalarchives.gov.uk/infor....

If you have any queries about this letter, please contact me. Please
remember to quote the reference number 2021-0000048 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,

FOI Officer
Coronavirus Response Unit
Department for Education
 

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/government/publicatio...
3. https://www.gov.uk/government/news/conti...
4. https://www.gov.uk/government/publicatio...
5. https://www.gov.uk/government/collection...
6. https://www.gov.uk/government/publicatio...
7. https://committees.parliament.uk/committ...
8. https://assets.publishing.service.gov.uk...
9. http://www.nationalarchives.gov.uk/doc/o... blocked::http://www.nationalarchives.gov.uk/doc/o...
http://www.nationalarchives.gov.uk/doc/o...
10. http://www.nationalarchives.gov.uk/infor... blocked::http://www.nationalarchives.gov.uk/infor...
http://www.nationalarchives.gov.uk/infor...

Thank you for contacting the Department for Education. If you are
contacting us about coronavirus (COVID-19) you can find advice and
guidance on [1]GOV.UK. This includes [2]guidance for educational settings
in England. You can also contact our coronavirus helpline on 0800 046
8687. Lines are open Monday to Friday from 8am to 6pm and weekends 10am to
4pm.

For emails and other written enquiries you will usually receive a reply
within 15 working days. You can find out how the department processes your
personal information by reading our [3]Privacy Notice.

[4]cid:image001.jpg@01D42E43.58989C30

References

Visible links
1. https://www.gov.uk/coronavirus
https://www.gov.uk/coronavirus
2. https://www.gov.uk/government/collection...
https://www.gov.uk/government/collection...
3. https://www.gov.uk/government/organisati...
https://www.gov.uk/government/organisati...

Dear  Philip Glanville 

Thank you for your recent enquiry which was received on 01/02/2021.

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 2021-0009882.

 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

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

IRIS number: 2021-0000048

Dear Mayor Glanville,

I refer to your request for an internal review which was received on 1
February 2021. You requested:
 

* An internal review of Department for Education's handling of my FOI
request 'Request for data and evidence base pertaining to the recently
issued 'Contingency Framework – Implementation Guidance' and Annex
A.'.
 
* I am requesting an internal review because I do not agree with the way
in which the 'public interest test' has been applied in this case,
especially given the high level of public interest in decision making
around Covid and schools.

The department has now completed its internal review process and has
carried out a thorough review of the case, chaired by a senior official
who was not involved with the original request. The department has decided
to uphold the original decision not to disclose the information concerned,
for the same reasons set out in the letter of 28 January 2021 for the
following reasons:

The data and evidence which were used to inform the decision on which
local authority areas would be instructed to delay the reopening of
primary schools in January 2021 were:
 

* The key indicators which are set out within the Covid-19 Winter plan
which we outlined in our original response to you. [1]COVID-19 Winter
Plan - GOV.UK (www.gov.uk)
* Epidemiological data and hospitalisation metrics used by the
government to brief MPs on local restriction tiers. Signposted in our
original response to you. [2]Coronavirus cases in England: 30 December
2020 - GOV.UK (www.gov.uk)
* Evidence-based, objective analysis used to inform local and national
decision-making in response to COVID-19 outbreak. Available within the
public domain and outlined in our original response to you.
[3]Coronavirus data informing local and national decision-making -
GOV.UK (www.gov.uk)
* The remaining information that we hold that is within the scope of
your request continues to be withheld under exemption Section 35 (1)
(a) formulation or development of government policy. However, for
transparency and as referenced to you in our original response, a
condensed version of the slide pack is available within the public
domain. [4]PowerPoint Presentation (publishing.service.gov.uk)

 
I can confirm that the withheld information continues to be used in the
development of government policy and is used by ministers when making
decisions on the development and delivery of these policies.

The internal review panel concluded that the public interest in
maintaining the exemption and not disclosing the information continues to
outweigh the public interest in disclosure in this instance. The original
factors which the department considered when deciding where the public
interest lay are upheld. I have reiterated these below for reference:
 

* It is acknowledged that there is a general public interest in
releasing this information because of the need for there to be open
and transparent government.
* There is a general public interest in being able to see if Ministers
are being briefed effectively on the key areas of policy the
Department is taking forward.
* The department takes the view that the section 35 exemption is
intended to ensure that the possibility of public exposure does not
deter from full, candid and proper deliberation of policy formulation
and development, including the exploration of all options.
* Government decision making needs to be based on the best advice
available and a full consideration of the options. It is in the public
interest that the formulation of government policy and government
decision making can proceed in the self-contained space needed to
ensure that it is done well. 
* Civil servants and subject experts need to be able to engage in the
free and frank discussion of all the policy options internally, to
expose their merits and demerits and their possible implications as
appropriate. Their candour in doing so will be affected by their
assessment of whether the content of such discussion will be
disclosed. Premature disclosure of information protected under section
35 could prejudice good working relationships.
* The coronavirus (Covid-19) pandemic is a fast-paced and ongoing issue
which is continuously developing and rapidly changing. Premature
disclosure on this topic would be likely to disrupt the future working
relationships, necessary consultation and flow of Ministerial advice.
* A condensed version of the slides used by government to formulate and
develop policy and make decisions relating to the restrictions has
been made available within the public domain for transparency. Here
you will find datasets and evidence presented on 30 December which can
be found at the link: [5]PowerPoint Presentation
(publishing.service.gov.uk). As your request relates to London, please
see from page 40 onwards.
* It is the department's view that the public interest in non-disclosure
outweighs the public interest in disclosure in this case.

I thought it would be useful to set out the history of the decisions taken
at this time, in particular around the implementation of the Contingency
Framework.
 

* Following the first [6]announcement on 30 December which saw the
implementation of the contingency framework in 23 of the 33 London
boroughs, some London boroughs whose schools were due to open on 4
January asked that the decision be reconsidered. Given the worsening
picture in London, local concern from the remaining boroughs,
including the new variant of COVID-19, and rising case numbers, a
proposal to extend the affected areas in London to all 33 boroughs was
considered. 
* The proposal to extend the areas affected by these restrictions was
jointly examined by Public Health England (PHE), the NHS, and with
Department of Health and Social Care (DHSC) using the most recent data
available. As a result, and in line with the published contingency
framework, an emergency Gold meeting chaired by the Health Secretary
was held on 1 January 2021 to reconsider the decision. The Education
Secretary attended, along with DHSC, JBC and public health officials.
* The clear public health recommendation supported by Gold was that
primary schools across all London Boroughs should limit attendance in
line with the contingency framework from 4 to 18 January. The decision
was made on 1 January and announced the same day. The announcement is
available at the following link: [7]Contingency framework implemented
across London boroughs - GOV.UK (www.gov.uk).
 
* Whilst the national lockdown restrictions announced 4 January 2021
replaced the contingency framework restrictions that had been active
in some primary schools, the contingency framework remains the route
by which local restrictions to education would normally be made.
 

If you are unhappy with this decision, you have the right to appeal
directly to the Information Commissioner. The Information Commissioner can
be contacted at:

           The Case Reception Unit
           Customer Service Team
Information Commissioner’s Office
           Wycliffe House
           Water Lane
           Wilmslow
           Cheshire
           SK9 5AF

Further information about the Information Commissioner’s complaints
procedure can be found on the Information Commissioner’s Office website:
[8]https://ico.org.uk/for-organisations/gui...

Yours sincerely,

FOI Officer
Coronavirus Response Unit
Department for Education
 

References

Visible links
1. https://www.gov.uk/government/publicatio...
2. https://www.gov.uk/government/publicatio...
3. https://www.gov.uk/government/collection...
4. https://assets.publishing.service.gov.uk...
5. https://assets.publishing.service.gov.uk...
6. https://www.gov.uk/government/news/schoo...
7. https://www.gov.uk/government/news/conti...
8. https://ico.org.uk/for-organisations/gui...