BHS Suspensions

Summary

A request was made for the number and reasons of 10-day student suspensions at Ballakermeen since a specific headteacher's appointment. The Department of Education disclosed data for the 2023/24 academic year but withheld information for 2022/23 and 2024/25 due to privacy exemptions.

Key Facts

• The request concerned straight 10-day suspensions at Ballakermeen school.
• Information for the 2023/24 academic year was released.
• Information for 2022/23 and 2024/25 was withheld as personal data.
• The Department cited Section 39 of the Freedom of Information Act 2015 as the exemption.
• The public interest test favored withholding data where fewer than or equal to five students were involved to prevent identification.

Data Disclosed

• 2022/23
• 2024/25
• 2023/24
• 6 pupils
• 10 day suspension
• 16 September 2024
• 11 October 2024
• 4128793

Exemptions Cited

• Section 39 Qualified Exempt Personal Information
• Data Protection Act 2002 Section 8

Original Request

Hello, I would like to know how many students have received a straight 10 day suspension since [REDACTED] has been Head of Ballakermeen? As well as what these suspensions were for.

Data Tables (1)

Data Tables (reformatted)

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: 4128793 11 October 2024

Dear ###

We write further to your request, received 16 September 2024, which states:

"I would like to know how many students have received a straight 10 day suspension since [REDACTED] has been Head of Ballakermeen? As well as what these suspensions were for."

Our response to your request is as follows:

2022/23 & 2024/25

S39 Qualified Exempt Personal Information
While our aim is to provide information whenever possible, in this instance some of the information is exempt as it constitutes personal data of a person other than you and under section 8 of the Data Protection Act 2002 the data subject would be entitled to prevent disclosure of the information to a member of the public otherwise than under that Act.
As section 39 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.

The matters which were considered in applying the public interest test are as follows:
Factors in favour of disclosure: • To promote transparency and accountability.

Factors in favour of withholding: • In the instances where information relates to less than or equals to five the Department has determined individuals may be identifiable.
• A pupil and their parents/carers have an expectation that their child’s information regarding their suspension will remain private. Disclosure of information would contravene that expectation and cause an intrusion into the privacy of the data subject which would likely lead to some distress

2023/24 6 pupils received a straight 10 day suspension

Reasons for these suspensions include:
• Verbal abuse/threatening behaviour towards another person. • Physical assault towards another person.

Please quote the reference number 4128793 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.