Education Improvement Service Moderation Reports - primary

Summary

The requester sought recent Education Improvement Service moderation reports for reading, writing, and mathematics for eleven specific primary schools. The Department of Education, Sport and Culture withheld all information under section 41 of the Freedom of Information Act 2015, citing that the reports are held for future publication after redaction.

Key Facts

• The request covered 11 primary schools including Arbory, Ballacottier, and St Johns Primary School.
• Information was withheld because it is held with a view to being published at a future date.
• The Department committed to publishing the reports once the redaction process is complete.
• Releasing the reports immediately would breach data protection principles by revealing identifiable personal information.
• The public interest test concluded that factors favoring withholding outweighed those favoring disclosure.

Data Disclosed

• 2020-02-10
• 2020-03-05
• 1172249
• 2019/0003
• 26 November 2019
• 864165
• section 41
• Freedom of Information Act 2015

Exemptions Cited

• Section 41 of the Freedom of Information Act 2015 (Information held with a view to publication)

Original Request

I seek the most recent Education Improvement Service moderation reports for each of reading, writing and mathematics (as previously supplied following the Information Commissioner's Decision Notice 2019/0003 dated 26 November 2019) for the following schools: Arbory Primary School, Ballacottier Primary School, Braddan Primary School, Dhoon School, Kewaigue School, Laxey School, Marown Primary School, Michael Primary School, SPLM, Sulby Primary School and St Johns Primary School.

Data Tables (1)

Full Response Text

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: 1172249 5 March 2020

Dear ###,

We write further to your request which was received on 10 February 2020 and which states:

"I seek the most recent Education Improvement Service moderation reports for each of reading, writing and mathematics (as previously supplied following the Information Commissioner's Decision Notice 2019/0003 dated 26 November 2019) for the following schools: Arbory Primary School, Ballacottier Primary School, Braddan Primary School, Dhoon School, Kewaigue School, Laxey School, Marown Primary School, Michael Primary School, SPLM, Sulby Primary School and St Johns Primary School."

Our Response to your request is as follows:

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as it is held with a view to being published at a future date. By way of advice and assistance the moderation reports held by the Department will be published in the Information and Publications section of the Departments website, once they have all been redacted. In all the circumstances it is reasonable that the information be withheld from disclosure until that time.

As section 41 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure 1. The Department has previously published moderation reports as part of the Freedom of Information request 864165; 2. Parents of pupils who attend the schools named as part of this Freedom of Information request may be interested in the content of the moderation reports; 3. There is an expectation the public have the right of access to information held by the Department, under the Freedom of Information Act 2015.

Factors in favour of withholding 1. The Department has committed to publishing the moderation reports held for all schools; 2. The decision taken to publish the moderation reports was made prior to the date this Freedom of Information request was received by the Department; 3. The moderation reports will be published once they have all been redacted. As of the date of this response the Department has collated the reports held and has not yet completed the redaction process; 4. To publish the moderation reports as part of this Freedom of Information request would mean the information released would contain personal information, which would make individuals identifiable. To do so without redaction would mean a breach of the data protection principles. 5. When the moderation reports are published the factors in favour of disclosure listed above will be met.

In taking these aspects into account the Department of Education, Sport and Culture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 1172249 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