FS50088727

Decision Summary

• Case Ref: FS50088727
• Date: 19 February 2009
• Public Authority: Office for Standards in Education
• Summary: The complainant submitted a request to Ofsted for information concerning a registered provider of nursery and day care for young children. Ofsted responded to the complainant by issuing a refusal notice citing section 40(2) of the Act in relation to the first part of his request and by informing him that it held no information relevant to the second part of his request. The Commissioner finds that Ofsted responded appropriately by informing the complainant that it held no information relevant to the second part of his request. The Commissioner has examined the information sought by the complainant in the first part of his request. He finds that the information contains the nursery provider’s personal data, some of which also constitutes her sensitive personal data. The Commissioner is satisfied that disclosure of the data subject’s personal data would not breach the data protection principles and therefore this information does not engage section 40(2). Ofsted’s failure to supply this information is therefore a breach of sections 1(1)(b) and 10(1) of the Act. Where the information concerns the nursery provider’s sensitive personal data, he finds that section 40(2) is engaged and was appropriately applied by the public authority. The Commissioner has outlined the steps required for compliance with section 1(1)(b) of the Act in this decision notice and has provided instructions contained within a confidential annex.
• View PDF of Decision Notice: [1]

• Section of Act / Finding: FOI 40 - Complaint Partly Upheld - Find other matching decisions