Out-of-catchment pupil numbers

Summary

A request was made for out-of-catchment pupil numbers and percentages for all primary and secondary schools for 2015/16 and 2016/17, but the Department of Education refused to provide the information.

Key Facts

• The Department of Education, Sport and Culture does not hold the requested data in the specific format required.
• Compiling the data would require creating or deriving information from existing records, which is not a statutory requirement.
• The analysis would involve a disproportionate burden on resources across 32 primary and 5 secondary schools.
• Using postcodes alone could be misleading due to changes in pupil residence since admission.
• The request was refused under practical refusal reasons rather than absolute exemptions.

Data Disclosed

• 2018-03-28
• 2018-04-26
• 2015/16
• 2016/17
• 32 primary schools
• 5 secondary schools
• 399435

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Practical refusal reasons)
• Section 8(3) of the Freedom of Information Act 2015 (Requirement to create or derive information)

Original Request

For all primary and secondary schools, how many pupils are not in the school's defined catchment area? Please provide total numbers and percentages for each school, for years 2015/16 and 2016/17.

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: 399435 25 April 2018

Dear ###

We write further to your request which was received on 28 March 2018 and which states:

"For all primary and secondary schools, how many pupils are not in the school's defined catchment area? Please provide total numbers and percentages for each school, for years 2015/16 and 2016/17."

This request is being handled under the Freedom of Information Act 2015.

Whilst our aim is to provide information whenever possible, the Freedom of Information Act 2015 makes provision for public authorities to refuse to release information on grounds where the information requested is absolutely exempt information or where a qualified exemption or practical refusal reason may apply. In this instance, the Department is refusing your request on the grounds that practical refusal reasons apply under section 11(3) (a) of the Act, namely that the Department of Education Sport and Culture does not hold all of the information that you have requested, as:- • the Department is not statutorily required to hold all of the information requested or to analyse any of the information that is held (e.g. pupil addresses and postcodes relative to the nearest or another catchment school) • to be able to respond to the question asked would require the Department to do something it is not required to do, per section 8(3) of the Act, i.e.: - compilation and analysis of data that is held would require the Department to:- a) create or derive information from information that it holds b) undertake research into, or analysis of, information that it holds c) undertake substantial compilation or collation of information that it holds Such analysis for all pupils across all 32 primary schools and 5 secondary schools would represent a disproportionate and unjustifiable burden on the Department in terms of the strain on time and resources.

Additionally, whilst schools are required to hold names and addresses on a register of pupils there are circumstances where analysis of address /postcode information relative to the catchment area school could be misleading. For example if a child of primary school age now lives within one particular school catchment area but was originally admitted as an out of catchment admission this would make analysis and reporting difficult. A post-code only analysis from the Department or schools’ records would therefore not give a true representation of the numbers requested and could only be achieved through significant analysis of data held by the schools. The above practical refusal reasons therefore apply under section 11(3) of the Act.

Please quote the reference number 399435 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 to us at 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

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