Student Climate 'Strike' - Information on Internal communications

AuthorityDepartment of Education, Sport and Culture
Date received2019-11-22
OutcomeSome information sent but part exempt
Outcome date2019-12-18
Case ID1065761

Summary

The request sought internal communications and sanction details regarding student climate strikes, resulting in the partial disclosure of four specific email extracts while withholding personal data and parent letters due to exemptions.

Key Facts

  • No sanctions were levied against pupils who attended the student climate protest.
  • Absences were recorded as either authorised or unauthorised depending on the school and circumstances.
  • Reasons for permitted absence included approved out-of-school activities, eco committee participation, parental permission, or headteacher discretion.
  • Personal information such as names and email addresses in disclosed documents was redacted.
  • Letters from parents to schools regarding the protest were withheld entirely.

Data Disclosed

  • 1065761
  • 2019-11-22
  • 2019-12-18
  • 5
  • 2
  • section 25 (2) (a) and (b) (i)
  • Article 5
  • Article 6
  • 2018

Exemptions Cited

  • Section 25 (2) (a) and (b) (i) of the Act (absolutely exempt personal information)
  • Data Protection (Application of GDPR) Order 2018
  • Article 5 of the General Data Protection Regulation
  • Article 6 of the General Data Protection Regulation

Original Request

Please supply copies of ALL communications relating to the matter and what internal advice and opinion had been given between Schools and the Department over pupil absence for this protest. What sanctions will be levied to pupils who are absent. Have Schools permitted absence for this? If so why and provide all written communications and file notes regarding this matter?

Data Tables (1)

Full Response Text

  1. Email exchange between the Department and A Primary School

  2. Internal email within the Department raising the topic to the Senior Leadership Team (SLT) meeting

  3. Related action arising from the SLT meeting

  4. Email from the Department to all of the schools


Corporate Services Division Department of Education, Sport and Culture Hamilton House Peel Road, Douglas IM1 5EZ Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im Our ref: 1065761 18 December 2019

Dear ###

We write further to your request which was received on 22 November 2019 and which states:

"Please supply copies of ALL communications relating to the matter and what internal advice and opinion had been given between Schools and the Department over pupil absence for this protest. (Student climate protest) What sanctions will be levied to pupils who are absent. Have Schools permitted absence for this? If so why and provide all written communications and file notes regarding this matter?"

Our response to your request is as follows: Communication relating to the student climate protest I have enclosed the following extracts of the information that is held: 1. Email exchange between the Department and a Primary School 2. Internal email within the Department raising the topic to the Senior Leadership Team (SLT) meeting 3. Related action arising from the SLT meeting
4. Email from the Department to all of the schools Some of the information including names, email addresses/ telephone numbers and personal signatures within these emails has been redacted because it is absolutely exempt under section 25 (2) (a) and (b) (i) of the Act (absolutely exempt personal information). The reasons why this exemption applies is that: • The Department of Education Sport and Culture is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Education Sport and Culture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018,

namely that the Department of Education Sport and Culture can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met. Sanctions While our aim is to provide information whenever possible, in this instance the Department does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. This is because no sanctions were levied against any pupil who attended the student climate protest. Have schools permitted absence and why Some students from various schools, but not all, attended the climate protest and this absence from school was either recorded as authorised or unauthorised. The reasons why students were permitted to attend the climate protest included:- • an approved out of school activity, • as part of the eco committee, • permission sought by parents, • treated as an authorised absence as part of the Headteacher’s discretion under the Department’s attendance policy. Written communication and file notes While our aim is to provide information whenever possible, in this instance we are unable to provide any of the information you have requested because it is absolutely exempt under section 25 of the Act (absolutely exempt personal information). This is because any such information held relates to personal letters to schools from parents concerning pupils in the context of the climate protest. The reasons why that exemption applies are that: • The Department of Education Sport and Culture is satisfied that the information amounts to personal data of which you are not the data subject; and • The Department of Education Sport and Culture is satisfied that disclosure of the information would contravene one of the data protection principles as set out at Article 5 of the General Data Protection Regulation as it applies in the Isle of Man pursuant to the Data Protection (Application of GDPR) Order 2018, namely that the Department of Education Sport and Culture can only disclose the information where it would be fair, lawful and meet one of the conditions for lawful processing in Article 6 and in this case, none of those conditions have been met. Please quote the reference number 1065761 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely

Freedom of Information Coordinator