Pupils expelled but managed move

Summary

The requester asked for the number of pupils expelled from schools island-wide over the past 10 years, specifically those who moved to other schools. The Department of Education, Sport and Culture refused to disclose the data, citing that the FOI Act only covers information from 2011 onwards and that the small number of cases constitutes exempt personal data.

Key Facts

• The Department of Education, Sport and Culture has a policy of not permanently expelling pupils.
• The Freedom of Information Act only applies to information created on or after 11 October 2011.
• Information regarding managed moves is exempt under section 25(2) because it relates to personal data of individuals other than the applicant.
• Managed moves occur infrequently and involve relatively small numbers of students.
• The response was issued by Chief Executive Officer Prof Ronald Barr on 15 November 2017.

Data Disclosed

• 10 years
• 11 October 2011
• 4 July 2017
• 15 November 2017
• 2017-10-19
• IM107498I
• IM90771I
• IM906771I
• section 25(2)
• s4
• Part 2

Exemptions Cited

• Section 4 of the Freedom of Information Act (temporal limitation to information created after 11 October 2011)
• Section 25(2) of the Freedom of Information Act (personal data exemption)

Data Tables (1)

Full Response Text

15 November 2017

Re: Your Freedom of Information Request 1 of 3 – Reference Number IM107498I

Your Request:-

I would like to request that the number of pupils expelled from schools Island wide, over the past 10 years is made public.

I would like that broken down into 'School / number' for the total period only (not year by year). If it is not, but only if it is not, please can it be broken down into age groups across the entire 10 year period i.e. (4 - 5), (6 - 7), up to the age of 18.

This is not pupils who were 'expelled never to return' but to gauge an idea of the figure who were expelled from one organisation and had to register / be registered with another to continue their education.

Department Response

Firstly in respect of your request for expulsion information over the past 10 years, I would like to take this opportunity to advise that the right of access to information under the Freedom of Information Act only applies to information created on or after 11 October 2011 (s4 of the Act).

In addition, as explained in the published response to FoI request IM90771I dated 4 July 2017, I can advise that the Department has a policy of not permanently expelling pupils from school.

However the Department can direct another school to enrol a student where it has not been possible for a pupil to remain at their original registered school. This occurs infrequently and due to the relatively small numbers involved this would be exempt information under section 25(2) of the Freedom of Information Act, as it relates to personal information which constitutes personal data of which the applicant is not the data subject.

For your information, the previously published response to FoI request IM906771I concerning suspensions can be found in the following link:- https://www.gov.im/media/1357789/pupil- suspension.pdf

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

Rheynn Ynsee as Paitchyn

Chief Executive Officer Prof Ronald Barr

Department of Education and Children Hamilton House Peel Road Douglas IM1 5EZ

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

Yours sincerely