Home Education Registration

Summary

The requester sought documents referencing home education policies between January 2016 and June 2017, but the Department of Education partially refused the request citing exemptions related to government policy formulation and data protection.

Key Facts

• The request covered documents mentioning 'Home Education', 'Elective Home Education', 'Education Otherwise', or 'Home Schooling'.
• Information regarding current or future policy was withheld under Section 34(1)(a)(i) and 34(1)(b)(i) of the Freedom of Information Act 2015.
• Personal information contained in home education documents was withheld to comply with the Data Protection Act.
• Parents are legally required to submit a Home or Private Education registration form if educating children outside Department-run schools.
• The Department offered an internal review process and the option to appeal to the Information Commissioner.

Data Disclosed

• 1 January 2016
• 2017-06-18
• 2017-07-12
• 1st September 2009
• 19th June 2017
• IM91936I
• Education Act 2001
• Freedom of Information Act 2015

Exemptions Cited

• Section 34(1)(a)(i) of the Freedom of Information Act 2015
• Section 34(1)(b)(i) of the Freedom of Information Act 2015
• Data Protection Act

Data Tables (1)

Full Response Text

July 2017

Re: Freedom of Information Request – IM91936I

Your Request

Please can you release the following: A copy of any email, report, letter or other document which contains a reference to: ‘Home Education’, ‘Elective Home Education’, ‘Education Otherwise’ or ‘Home Schooling’ This request is for the period 1 January 2016 to the date of this request.

Department Response

Following our request for clarification from yourself in which you indicated that you were seeking information in regard to current or future policy in regard to ‘home education’, ‘elective home education’, education otherwise’ or ‘home schooling’, while our aim is to provide information whenever possible, the Department is partially refusing to disclose this information on the basis of the following exemptions: Section 34(1)(a)(i) and Section 34 (1)(b)(i) of the Freedom of Information Act 2015; in that the information relates to the formulation or development of government policy.

In regard to current procedures, as quoted on the Government website (https://www.gov.im/about-the-government/departments/education-and- children/policies-and-procedures-a-to-z/e/#accordion) the Education Act 2001 “requires parents to present their children for education at school or to make arrangements for their education ‘otherwise’. This can be at home or at a private school etc. With effect from 1st September2009, parents who educate their children at home or send them to a school other than a Department-run school are required by law to advise the Department by submitting the Home or Private Education registration form”.

As previously pointed out in an email sent to you on 19th June 2017, in view of the nature of home education, documents held by the Department identify personal information to which you would not be entitled under the Act, as to do so would be in breach of the Data Protection Act.

This information will also be published on the Government website in due course should you wish to revisit the information.

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 Review/Complaint form and submitting it electronically or by delivery/post to: Mr Department of Education and Children

Rheynn Ynsee as Paitchyn

Andrew Shipley, Legal and Administration Manager, Hamilton House, Peel Road, Douglas, Isle of Man, IM1 5EZ.

An electronic version of our Review/Complaint form can be found by going to https://www.gov.im/about-the-government/freedom-of-information/

Your Review/Complaint 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 conducted.

Appeal Process

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; 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 rights to review is on the Information Commissioner’s website at https://www.inforights.im/contact-us/

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