We have discussed before that it would have been useful to parents, especially those on the Surrey side who have no other offer but Twickenham Academy which they have now agreed with the Council is not practically accessible for an 11 year old, if the Council had released the information on offers that they released with offers last year. i861.photobucket.com/albums/ab179/ChrisSquire/LBRUT_secondary_offer_2014-1.jpg It would enable parents to know where the extra places were put to meet increased demand, so far we know that there were extra places at Waldegrave and Orleans, that Teddington catchment increased and that a number of places at TA were being offered to Barnes, Mortlake and Kew parents, suggesting all the extra places were on the Middlesex side?
Well the Council clearly do not want this information in the public domain because they have I gather refused a Freedom of Information Request. The grounds are that it will be released in the Secondary Admission Brochure that will be published in September and that that will meet the public interest requirement. To release it to one person and of course the whole of the Mumsnet thread readership and beyond would "be unfair"
Detailed Legal reasoning for refusal
We consider this information is exempt under Section 22; information intended for future publication.
This information will be published on the Council’s website on 1 September 2015. The information was held with the intention to disclose it when your request was received and as the publication date is in the near future we consider it reasonable to not publish the information prior to this date. Therefore we consider that section 22 in engaged.
Public interest test
I have established that the information you have requested comes under the exemption stated above. Therefore I have gone on to consider the public interest test.
Public interest arguments in favour of disclosure
I acknowledge that there is strong public interest in the general principles of transparency and accountability. More specifically there is a public interest in understanding how school place offers have been allocated which is why it is published in the Secondary Admissions Brochure.
Public interest arguments in favour of maintaining the exemption
There is a public interest in the Council being able to publish information on school place offers in a planned and managed way. As the information affects all parents with children looking for school places, to disclose the information in response to individual FOI requests prior to publication would not be fair.
This argument was upheld in the ICO decision FS50515783. The Commissioner accepted that there was a strong argument in favour of allowing everyone to view this information at the same time. Moreover they found that the release of information to individual requesters in response to FOI on varying occasions could result in partial information being released over a protracted period leading to confusion and inaccuracy. As in this case there was a clear rationale on when the information would be disclosed to the public. Therefore we find that there is a public interest in ensuring the public have access to this information at same time.
Although I recognise there is a public interest in providing this information under the general principles of transparency and accountability I have taken into consideration that the information is due to be published in the near future and to disclose the information prior to this would impact on the planned and managed disclosure of school place offers within the Secondary Admission Brochure. I therefore find the public interest in weighted in favour of maintaining this exemption.
In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice.
