School attendence orders issued to home educators

Summary

The requester asked for statistics on school attendance orders issued to home educators since 2009 and instances where departmental powers were found lacking. The Department of Education refused to provide new information, citing an absolute exemption because the data was already publicly available via a previous FOI response and Tynwald Hansard.

Key Facts

• The request was refused under Section 20 of the Freedom of Information Act as the information is reasonably accessible by other means.
• The requested data was previously published in FOI response reference IM93642I on 26th July 2017.
• Information regarding the Department's powers can be found in the August 2017 Tynwald Hansard written answers (questions 9 and 10).
• The Freedom of Information Act only legally applies to information created on or after 11th October 2011, though the department noted this did not change the outcome.
• The response letter itself was scheduled for publication on the Government Freedom of Information website.

Data Disclosed

• 2009
• 2011-10-11
• 2017-07-26
• 2017-08-15
• IM97128I
• IM93642I
• Section 20
• Section 25
• Section 4(1)

Exemptions Cited

• Section 20 of the Freedom of Information Act (information is reasonably accessible to applicant by other means)

Original Request

# of school attendence orders issued to home educators, whether powers are lacking in this area

Data Tables (1)

Full Response Text

18th August 2017

Re: Freedom of Information Request – Reference Number IM97128I

Your Request:-

1. How many school attendance orders have been issued to registered home educators since notification became a legal requirement in 2009?

2. How many times, since 2009, has the Department used its powers under section 25 of the Education Act 2001 in relation to home educators and found the powers to be lacking?

Department Response:-

In response to your Freedom of Information request I can advise that we are refusing your request as an absolute exemption applies under section 20 of the Freedom of Information Act (information is reasonably accessible to applicant by other means). This is because the information requested has already been provided in FoI response ref. IM93642I published by the Department on the Government Freedom of Information website pages on 26th July 2017 and it is therefore available to you via the internet.

For your information the response to this request can be reviewed via the following link: https://www.gov.im/media/1357972/how-many-written-notices-school-attendance-orders-were- served-on-parents-because-it-appeared-that-the-child-was-not-in-receipt-of-suitable- education.pdf

With regard to the Department’s powers you may be interested in the recent written responses provided by the Minister for Education and Children for the August sitting of Tynwald (questions 9 and 10). This is also available to you on the internet, via Tynwald Hansard at:- http://www.tynwald.org.im/business/hansard/20002020/15%20Aug%202017%20Written%20A nswers.pdf

We have noted that in both of your questions you have sought information from 2009. Please note that the right to information under the Act only applies in relation to information created on or after 11th October 2011 [s4(1) of the Act]. However in any event I can advise that this does not change the details of our previously published response.

The information provided within this response letter will also be published on the Government Freedom of Information website pages in due course should you wish to revisit the information. Department of Education and Children

Rheynn Ynsee as Paitchyn

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 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