Rathgael House
43 Balloo Road
Rathgill
BANGOR
BT19 7PR
Email: xxx@xxxxxxxxxxxx.xxx.xx
Kevin Boyle
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Our Ref: DE/2022-0132
21 November 2022
Dear Mr Boyle
FREEDOM OF INFORMATION ACT 2000 – REQUEST FOR INFORMATION
I refer to your email dated 24 October 2022 to the Department, in which you asked for -
CCEA have confirmed that the reports referred to were commissioned by the Department of
Education (DE) and involved GCSE and A level grading. A report relating to A level Modern
Languages Grading was submitted to DE in June 2020 and a report relating to GCSE Modern
Languages Grading was submitted to DE in March 2021. Could I have a copy of these reports
please?
The information you have requested is being withheld as it falls under section 35 of the
Freedom of Information Act. Appendix A of this letter sets out the exemption in full, as well
as the factors the Department considered when deciding where the public interest lay. It
also includes a list of the types of documents analysed when considering your request.
Should you be unhappy with the level of service you have received in relation to your
request, you may ask for an internal review within two calendar months of the date of this
email. You may write to the Departmental Information Manager, Rathgael House, 43
Balloo Road, Rathgill, Bangor, BT19 7PR or send an email to freedom.info@education-
ni.gov.uk, if you wish to make a complaint. Please quote the reference number above.
If you are not content with the outcome of the internal review, you have a right to apply
directly to the Information Commissioner for a review of the original decision. The
Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625545826
Yours sincerely
SAM DEMPSTER
CURRICULUM TEAM
Annex A - Public Interest Test
Section 35
Information relating to Government Policy/Ministerial Communications
Information held by a government department or by the National Assembly for Wales is
exempt information if it relates to: the formulation or development of government policy.
In considering the public interest test in connection with the formulation or development
of government policy, section 35 provides that regard must be had to the particular public
interest in the disclosure of factual information that has been used, or is intended to be
used, to provide an informed background to the decision-taking.
Factors for disclosure
Factors for withholding
• The right of the public to have
• The need to preserve confidentiality
access to information;
having regard to the subject matter
• Disclosure will reveal reasons for
and the circumstances of the
decisions;
information;
• The accountability of administrators
• Where release of the records could
and scrutiny of decision-making
impair the integrity and viability of the
processes;
decision making process to a
• There is a presumption of a general
significant or substantial degree
public interest in disclosure. It
without a compensating benefit to
would promote transparency and
the public;
accountability of public authorities,
• When broader community interests
greater public awareness and
must be considered, as distinct from
confidence in the Government’s
those of the applicant and the
policy and decision-making
subject of the information;
processes.
• While frank and open debate is a
key component of high quality policy
formulation, there is a public
interest, in appropriate situations, in
maintain a private space for
discussion away from public
scrutiny to effectively formulate and
develop policy.
• The Department needs to be able to
discuss and evaluate various policy
options with candour and the
release of material outlining the
discussions between colleagues in
the EA may inhibit that.
• The disclosure of such information
would diminish the quality of the
decision making process, resulting
in weaker policy formulation.
Reasons why public interest favours withholding information:
The language reports submitted by CCEA are being reviewed to inform policy
development. While disclosure of information may better inform the public about ongoing
policy developments and discussions taking place, there is a significant risk that the
release of certain information could impact on future relations with the school
practitioners. The Department, in conjunction with other stakeholders, needs a safe
space within which to debate live policy issues freely and frankly and the release of
information could prevent views and opinions being expressed which would prejudice
policy development and its subsequent implementation. It is, therefore, the Department’s
view that under Section 35 (1) (a) the arguments in favour of non-disclosure of a part of
the information outweigh those in favour of disclosure.
