Minutes from an RGS School Governors meeting

Summary

The requester sought minutes from RGS School Governors meetings regarding the shortening of the school day. The Department of Education, Sport and Culture provided the minutes from the 26th March 2024 meeting but redacted specific information under Section 35 to protect the free and frank exchange of views.

Key Facts

• The request was received on 19 June 2024 and responded to on 11 July 2024.
• Minutes from the 26th March 2024 meeting were attached to the response.
• Some information was redacted to prevent inhibiting the free and frank provision of advice.
• The authority cited Section 35 of the Freedom of Information Act 2015 as the basis for exemption.
• The response included a public interest test weighing transparency against the 'chilling effect' on decision-making.

Data Disclosed

• 3927513
• 2024-06-19
• 2024-07-11
• 26th March 2024
• 2
• 1
• S35
• IM4 3AS
• (01624) 685808

Exemptions Cited

• Section 35 – Conduct of Public Business

Original Request

I would like sight of the minutes from all meetings where the shortening of the school day was discussed, agreed, voted upon.

Data Tables (1)

Full Response Text

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808
Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 3927513 11 July 2024

Dear ###

We write further to your request, received 19 June 2024, which states:

"I would like sight of the minutes from all meetings where the shortening of the school day was discussed, agreed, voted upon."

Our response to your request is as follows:

Please find attached 26th March 2024

Redacted Information
S35 – Conduct of Public Business

While our aim is to provide information whenever possible, in this instance some of the information is exempt under section 35 of the Act, as disclosure would be likely to inhibit the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation and otherwise prejudice the effective conduct of public business.

As section 35 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 disclosing the information include:
- Disclosure of the information would support transparency and promote openness and accountability to the general public.

Factors in favour of maintaining the exemption include:
- Disclosure would be likely to inhibit the ability of public authority staff and others to express themselves openly, honestly and completely, or to explore extreme options, when providing advice or giving their views as part of the process of deliberation. - Disclosing such information could therefore impair the quality of decision making by the public authority. It may also impair the subsequent record keeping of advice (the “chilling effect”).

• The authority needs a “safe space” in which to develop ideas or make decisions and disclosure may prejudice this and/or interfere with or distract from the processing any other way, or would prejudice or undermine the decision itself, rather that the frankness of the discussions specifically.

Please quote the reference number 3927513 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.