Royal Latin School, Buckingham 600 Campaign, Sports Campus Bid

Glynn Freeman made this Freedom of Information request to Education and Skills Funding Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Education and Skills Funding Agency,

Please provide the following:

1. All bid documents submitted to the ESFA by RLS bodies for Phase 2 of the "600 Campaign" (The Sports Facilities/Campus)

2. All correspondence between ESFA and RLS in relation to the Phase 2 bid, specifically to include (but not limited to) any feedback in relation to the rejection of the bid

Yours faithfully,

Glynn Freeman

ACCOUNT, Unmonitored, Education and Skills Funding Agency

8 Attachments

Dear Mr Freeman, 

Thank you for your request for information received on 30 July 2018. You
requested the following information:

 

 1. All bid documents submitted to the ESFA by Royal Latin School bodies
for Phase 2 of the "600 Campaign" (The Sports Facilities/Campus);

 

 2. All correspondence between ESFA and the Royal Latin School in relation
to the Phase 2 bid, specifically to include (but not limited to) any
feedback in relation to the rejection of the bid.

 

I have dealt with your request under the Freedom of Information Act 2000
(“the Act”).

 

(1)  Please find attached a copy of the information you have requested.

 

(2)  The Department holds the remainder of the information you requested
relating to feedback on the application, but it is being withheld because
the following exemption(s) apply to this information: section(s) 36(2) (b)
and (c) of the Act.  

 

The Act says at section 36(2) that certain information is exempt from
disclosure if, in the reasonable opinion of a qualified person, (in the
case of government departments, a minister) disclosure of the information
under the Act would inhibit the free and frank provision of advice and
disclosure would otherwise prejudice, or would be likely to prejudice, the
effective conduct of public affairs  – section 36(2) (b) and 36 (2) (c).

 

Section 36 is subject to the public interest test. In making our
recommendation that Section 36(2) (b) and (c) are engaged, we weighed up
the important public interest in disclosure of information against the
effect of disclosure on the conduct of public affairs. In favour of
publishing the list of unsuccessful projects, this would demonstrate
transparency and provide additional assurance that the CIF application
process is being managed correctly.

 

However, there are reasons for not disclosing the information. When we
give specific feedback to a school on the reasons why an application has
been unsuccessful we do so on the basis that we are providing free and
frank advice to the school on the detail of its application. If we were to
disclose this information, it would inhibit the comments that we make
within the feedback given for future CIF applications.

The arguments for and against release have been considered and it is our
view that the balance of public interest falls in favour of the
maintenance of this exemption in relation to the information relating to
this request. If you have any queries about this letter, please contact
me. Please remember to quote the reference number above in any future
communications.

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
([1]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
-[2]http://www.nationalarchives.gov.uk/infor...
.

 

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 [3]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

 

Lateef Agboola

Education and Skills Funding Agency

Sanctuary Buildings

Great Smith Street

Westminster

London

SWIP 3BT

 

 

Web: [4]https://www.education.gov.uk
Twitter: [5]https://www.twitter.com/educationgovuk
Facebook: [6]https://www.facebook.com/educationgovuk

 

 

 

References

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Dear Education and Skills Funding Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Education and Skills Funding Agency's handling of my FOI request 'Royal Latin School, Buckingham 600 Campaign, Sports Campus Bid'.

The S36 Public Interest Test is used too widely here, and any feedback given would probably be incorporated into a re-submission at a later date. It has not been demonstrated how putting that feedback into the public domain would in any way inhibit its efficacy.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Glynn Freeman

ACCOUNT, Unmonitored, Education and Skills Funding Agency

8 Attachments

 

Dear Mr Freeman,

 

I am writing to inform you that the department has now completed its
internal review process following your complaint of 13 September 2018.

 

This refers to the review of your request under the Freedom of Information
Act (ref 2018-0032582).

 

The department has made an independent re-assessment of the case. This was
chaired by a senior official who was not involved with the original
request and has decided that the feedback provided in relation to the
Royal Latin School’s rejected bid to the Condition Improvement Fund (CIF)
cannot be disclosed for the reasons set out in our response of 29 August
2018.

 

In making the recommendation that section 36(2) (b) and (c) are engaged,
we weighed up the important public interest in disclosure of information
against the effect of disclosure on the conduct of public affairs. It was
felt that it is important for the department to be able to provide frank
and free feedback for unsuccessful bids.

 

A copy of the following information which we have previously disclosed is
attached:

 

·       CIF 1819-137344 Application form  - redacted

·       CIF 1819-137344 Project need upload - redacted

·       CIF 1819-137344 Project planning upload - redacted

·       CIF 1819-137344 Value for money upload - redacted

·       CIF 1617-137344 Application form  - redacted

·       CIF 1617-137344 Outputs upload – redacted

·       CIF 1617-137344 Project planning upload - redacted

·       CIF 1617-137344 Value for money upload – redacted

 

Some of the redactions made in the previous disclosures had been made in
error and have now been removed although you will see a small number of
redactions have been retained where we have applied section 40(2)
(personal information) of the Act, this is because the information in
question includes 3^rd  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. If you have any queries about this letter, please contact
me.

                    

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
([1]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
-[2]http://www.nationalarchives.gov.uk/infor...
.

 

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 [3]www.ipo.gov.uk.

 

If you are unhappy with the decision to withhold part of the information
sought, you have the right to appeal directly to the Information
Commissioner. The Information Commissioner can be contacted at:

 

           Information Commissioner’s Office

           Wycliffe House

           Water Lane

           Wilmslow

           Cheshire

           SK9 5AF

 

If the Commissioner comes to the conclusion that that the information
should be released, he will issue a decision notice which will set out the
steps which the department must take and the date by which they must be
taken.

 

If you have any queries about this letter, please contact me. Please
remember to quote our reference number in any future communications.

 

 

 

Yours Sincerely

 

 

 

Lateef Agboola

CorrespondenceTeam Capital Group, Operations Directorate |

Sanctuary Buildings, Level 5

Great Smith Street Westminster

London  SW1P 3BT

 

 Web: [4]https://www.education.gov.uk
Twitter: [5]https://www.twitter.com/educationgovuk
Facebook: [6]https://www.facebook.com/educationgovuk

 

References

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2. http://www.nationalarchives.gov.uk/infor... blocked::http://www.nationalarchives.gov.uk/infor...
http://www.nationalarchives.gov.uk/infor...
3. http://www.ipo.gov.uk/ blocked::http://www.ipo.gov.uk/
http://www.ipo.gov.uk/
4. https://www.education.gov.uk/
5. https://www.twitter.com/educationgovuk
6. https://www.facebook.com/educationgovuk