Information Commissioner Threat and rejection of FOI request

from Jonny Medland
to xxxxxxxx
date 17 April 2010 11:42
subject Re: Case Reference 2010/0008302
mailed-by ousu.org
hide details 17 Apr (9 days ago)
Hi Connie,

Please could you respond to my earlier questions as soon as possible? If I don't hear from you by the end of Tuesday (April 20) then I will be appealing this issue to the Information Commissioner for a resolution.

Best wishes,

Jonny

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from xxxxxxx
to Jonny Medland
date 20 April 2010 14:21
subject RE: Case Reference 2010/0008302
hide details 20 Apr (6 days ago)


Ref No: 2010/0008302

20th April 2010

Dear Mr Medland

Thank you for your email of 21st March where you requested information about a Russell Group submission to the Independent Review of HE funding and Student Finance.

I can confirm that the Department holds the information you are seeking. However, Section 22 of the Freedom of Information Act exempts this information from having to be disclosed at this time: this is because the information is intended for publication at a future date.

Section 22 is a qualified exemption, in that it requires us to consider a public interest test. This states that it may not be in the public interest for information to be released prematurely and out of context. It is in the public's interest that the Government is permitted to publish information in a time and manner of its own choosing, where premature disclosure may lead to third party's interests being prejudiced and where disclosure may also be unfair to other people who might be affected by the announcement. It is part of the effective conduct of public affairs that the publication of information is planned and managed by the public authority.

The Russell Group has confirmed that it intends to publish a report this summer incorporating its submission to the Review, at which point the Review will also publish this evidence on its website. The Russell Group has requested that its evidence remain confidential while it continues to work on the remainder of the report, without public comment on sections of internal drafts that were shared in confidence with the Review.

I am therefore satisfied it is in the public's interest to withhold this information until it is published by the Russell Group.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to me.

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF