Asked by: Peter Grant (Scottish National Party - Glenrothes)
Question to the Department for Education:
To ask the Secretary of State for Education, on how many occasions her Department applied the exemption in section 38(1)(b) of the Freedom of Information Act 2000 (disclosure likely to endanger the safety of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.
Answered by Nick Gibb
Section 38(1)(a) and section 38(1)(b) of the Freedom of Information Act 2000 were used by the Department for Education on the following numbers of occasions in each of the last 5 years:
Year | s38 (a) and (b) | s38(a) only | s38(b) only |
2010 | - | - | - |
2011 | 1 | - | - |
2012 | 2 | 1 | - |
2013 | - | - | - |
2014 | - | 1 | - |
2015 | 4 | - | 1 |
Asked by: Peter Grant (Scottish National Party - Glenrothes)
Question to the Department for Education:
To ask the Secretary of State for Education, on how many occasions her Department applied the exemption in section 38(1)(a) of the Freedom of Information Act 2000 (disclosure likely to endanger the physical or mental health of any individual) in wholly or partly refusing a freedom of information request in each of the last five years.
Answered by Nick Gibb
Section 38(1)(a) and section 38(1)(b) of the Freedom of Information Act 2000 were used by the Department for Education on the following numbers of occasions in each of the last 5 years:
Year | s38 (a) and (b) | s38(a) only | s38(b) only |
2010 | - | - | - |
2011 | 1 | - | - |
2012 | 2 | 1 | - |
2013 | - | - | - |
2014 | - | 1 | - |
2015 | 4 | - | 1 |
Asked by: Peter Grant (Scottish National Party - Glenrothes)
Question to the Department for Education:
To ask the Secretary of State for Education, what instructions have been given to staff in her Department dealing with freedom of information requests on the application of Freedom of Information Act Awareness Guidance No. 19, issued by the Information Commissioner's Office, in considering whether to apply the exemptions in section 38 of the Freedom of Information Act 2000.
Answered by Nick Gibb
No guidance has been issued to staff on the application of Freedom of Information Act Awareness Guidance No.19, issued by the Information Commissioner's Office, about the application of section 38 of the Act. However, the Ministry of Justice has published guidance on the use of this exemption, which is available at:
www.justice.gov.uk/information-access-rights/foi-guidance-for-practitioners/exemptions-guidance