Dear Mr Singh,

I am writing to acknowledge your request under the Freedom of Information Act 2000 received by The University of Manchester on 7th April 2021, our reference as per the subject line.
The University will respond to your request within 20 working days.
NB Due to the current situation with the Covid-19 virus and the University’s response to it, there may be a delay in receiving your response at this time.

Kind regards

Laurence Malbeaux|Information Governance Officer | Information Governance Office | Directorate of Compliance and Risk |Professional Support Services | G7 Christie Building | The University of Manchester | Oxford Road | Manchester | M13 9PL | Tel +44(0) 161 306 2104 | www.manchester.ac.uk

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Dear Mr Singh,

Thank you for your request for information received by The University of
Manchester on 07 April 2021 which was as follows:

I would like to request the following data relating to all law courses
(i.e. both the single honours LLB or BA and any joint honours law courses)
offered by your university.

I am requesting the data for candidates who received offers for one of the
aforementioned law courses in the 2018/2019, 2019/2020, 2020/2021
admissions cycles (I refer to these candidates as ‘the offerholders’).

If the data for 2020/2021 is not available for whatever reason, this is
understandable.

I request the following data for each admissions cycle:

1) The number of offerholders who were either planning to complete or had
completed an Access to Higher Education diploma as their most recent
qualification.

2) The average, highest and lowest LNAT scores (where applicable) of the
offerholders who were either planning to complete or had completed an
Access to Higher Education diploma as their most recent qualification.

3) The average, highest, and lowest number of GCSEs of offerholders who
were either planning to complete or had completed an Access to Higher
Education diploma as their most recent qualification.

The University has now considered your request and unfortunately the
information you are seeking cannot be provided at this time. This is
because it is deemed to be exempt from disclosure by virtue of the listed
exemption at Section 43 (2) of the Freedom of Information Act 2000 –
Commercial Interests. Further details of this follow in the refusal notice
below.

Refusal Notice

This Refusal Notice has been issued under Section 17 (1) of the Freedom of
Information Act (FOIA). Under Section 1 (1) of the FOIA The University of
Manchester confirms that the information requested is held but we are
refusing to provide it in response to your request for the reasons set out
below.

Section 43 (2) – Commercial Interests

Information is exempt information if its disclosure under this Act would,
or would be likely to, prejudice the commercial interests of any person
(including the public authority holding it).

We are applying Section 43 (2) as a prejudice-based exemption. We may rely
on this exemption if the disclosure would prejudice someone’s commercial
interests (including the University’s own). Commercial interests may be
prejudiced where a disclosure would be likely to:

· Damage its business reputation or the confidence that customers,
suppliers or investors may have in it

· Have a detrimental impact on its commercial revenue or threaten its
ability to obtain supplies or secure finance

· Weaken its position in a competitive environment by revealing market
sensitive information or information of potential usefulness to its
competitors.

It is the latter of these three points that The University of Manchester
feels is relevant to this request. To determine where the public interest
lies with regard to this exemption, we have liaised with relevant staff in
the University’s Directorate for the Student Experience. They have advised
that the information requested at course level would allow a competitor
institution or an intermediary working on their behalf to set their entry
terms such that they would gain a commercial advantage from the
information provided. Any disclosure under the FOIA is considered as a
disclosure to the world, so whereas it may not be your intention to use
the information in this way, it must be an important factor in our
considerations.

Public Interest Test

As Section 43(2) is a qualified exemption we are required to carry out a
public interest test to determine if the commercial interest is overridden
by the public interest from a release of the information concerned.

Factors in Favour of Disclosure

There is public interest in disclosing applications and offer data. To do
so would ensure that members of the public can be satisfied that the
University of Manchester is open and transparent. It may also assist
public debate with regard to the issue of student recruitment and offer
making.

Factors Against Disclosure

Universities operate in an ever and increasingly competitive environment
and as such, the University would not wish to disclose information that
would be likely to prejudice our commercial interests and our position
within this environment.

Therefore, we believe that for the reasons outlined above, the balance
lies in maintaining the exemption at this time.

If you feel that The University of Manchester has refused access to
information to which you are entitled, or has not dealt with your request
appropriately under the FOIA, you have a right of appeal.

An appeal in the first instance should be directed to the Information
Governance Office at [1][email address]. You should include: 

·         details of your initial request

·         any other relevant information

You must make this appeal within 40 working days from receipt of your
response. We will not accept appeals received after this date, as per the
Freedom of Information Code of Practice, Section 5.3.

The University will deal with your appeal within a reasonable time, and
will inform you of the projected time scale on receipt of your complaint.
You are also welcome to contact the Information Governance Office with
informal questions about the handling of your request. 

After The University’s internal appeals procedure has been exhausted, you
have a further right of appeal to the Information Commissioner’s
Office. Details of this procedure can be found at [2]www.ico.org.uk.

Kind regards

Sharon

Sharon Glen | Information Officer | Information Governance Office |
Directorate of Compliance and Risk |Professional Services | G7 Christie
Building | The University of Manchester | Oxford Road | Manchester | M13
9PL | Tel +44(0) 161 306 7549| [3]www.manchester.ac.uk

[4]data_matters_logo2-(3)

We are all responsible for protecting personal data held by the
University, including who we share that data with. Stop and think before
you send your email.  For further guidance see:
[5]www.dataprotection.manchester.ac.uk

References

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