Information Commissioner criticises DESC handling of school validation FOI request

Department told to disclose information or issue a fresh, compliant refusal notice within 30 days

The Isle of Man Information Commissioner has upheld a complaint against the Department of Education, Sport and Culture over its handling of a Freedom of Information request linked to external validation reviews carried out at five Island schools.

The request sought extensive material relating to school validation work undertaken by ETiO during the spring term of 2024, including communications, reports, supporting evidence, participation figures, costs, and the Department’s Quality Assurance Framework.

While DESC released some information, it relied on a combination of qualified and absolute exemptions, along with a practical refusal reason, to withhold most of the material.

In a decision notice, the Information Commissioner concluded the Department’s approach was deficient.

Exemptions had been applied too broadly, without evidence that information was assessed on a document-by-document basis or that redaction had been considered as an alternative to full refusal.

The Commissioner also ruled that DESC had incorrectly relied on the audit exemption, noting the department did not have the statutory authority to apply it in the circumstances.

In addition, the IC says DESC failed to demonstrate that a reasonable search had been carried out for information it claimed it could not locate, particularly around participation figures for parents, governors, and other non-DESC staff.

Concerns were also raised about the use of the personal data exemption to withhold full validation reports, with the Commissioner stating they could not identify personal information beyond details already in the public domain.

The IC further criticised the department for not offering advice and assistance to help narrow what was described as a “broad and voluminous” request.

As a result, DESC has been ordered to either disclose the requested information or issue a new refusal notice that complies with the Freedom of Information Act, setting out clear and properly evidenced reasons for any exemptions relied upon.

The Department has 30 days to comply.