Browne Jacobson - Education Law Conference 2016 - Keynote presentations 1, 2, 3 & 4

Education and adoption bill

The education law conference 2016

#BJEDC16

State of play• Background• Consultation (including on new guidance and coasting

school provisions) ran until 18 December 2015 - currently awaiting outcome

• Further amendments to the Bill were proposed in December (House of Lords)

• Third reading of the Bill in the House of Lords took place on 8 February – final amendments made

• Completed passage through Parliament late February 2016

• Royal Assent expected in April 2016

Key developments

• Eligible for Intervention• Warning Notices• Academy Orders• Conversion process

EFI – current lawEducation and Inspections Act 2006 (EIA)• School issued with a performance standards and

safety warning notice• School issued with a teachers’ pay and conditions

warning notice• School requiring significant improvement• School requiring special measures

EFI – proposed lawEIA – new section 60B• An additional way of becoming EFI• A maintained school is EFI if:

- the school is coasting; and- the SofS has notified the GB of the school that it is

coasting

• So…what is a coasting school?

Coasting schools (2)Primary• Must fall below the coasting level for all three years

(2014, 2015 and 2016)1. In 2014 and 2015, fewer than 85% of pupils achieve

level 4 or above in R,W and M2. In 2014 and 2015, below median percentage of pupils

making expected progress3. In 2016, fewer than 85% achieve the expected

attainment standard in R,W and M and pupils not making sufficient progress (progress level TBA once tests taken in 2016)

Coasting schools (3)Secondary• Must fall below the coasting level for all three years

(2014, 2015 and 2016)1. In 2014 and 2015, fewer than 60% of pupils achieve 5

A*-C (including E and M)2. In 2014 and 2015, below median score for percentage

of pupils making expected progress in English and Maths

3. In 2016, Progress 8 score at or below a specified score (to be introduced next year)

Implications of being coasting• Coasting not about “isolated dips in performance”• Distinction between “failing” and “coasting”• Legally, the school has become EFI which, technically,

makes various intervention powers available to the LA and SofS

• But DfE policy and draft guidance suggests that:- RSC to assess whether or not the school has a credible plan to

improve sufficiently- RSC to take into account views of trust and LA and their role in

supporting the school- range of intervention options for coasting schools (see page 12

of draft guidance)- RSC will have discretion to decide most appropriate action

Can an academy be coasting?• Originally, nothing in the Bill to cover coasting academies• Lord Nash wants RSCs to have powers to deal with failing

academies• Sought to insert coasting provisions via funding agreement

but recognised that inconsistency due to different versions• Now Bill includes addition of new section 2A to the

Academies Act• This states that if an academy is coasting (applying the

same definition) and has been notified of such, the SofS ultimately has the power to terminate the funding agreement

• Process of “termination warning notice” must be used first• Controversial as using legislation to amend existing

contractual terms

Warning Notices - proposed changes under the Bill• Secretary of State power to issue a warning notice

directly• Compliance period determined by the LA or SofS

(whoever issuing the warning notice currently 15 working days)

• No right of appeal to Ofsted – under new law, must comply with the warning notice or the school will become EFI

Academy Orders - current positionSection 4(1) of Academies Act 2010

The Secretary of State may make an Academy Order in respect of a maintained school in England if:

• (a) the GB of the school makes an application for an Academy Order; or

• (b) the school is eligible for intervention

Academy Orders - proposed positionNew section 4(A1) of Academies Act 2010• The Secretary of State must make an Academy order

in respect of a maintained school in England that is eligible for intervention by virtue of sections 61 or 62 EIA 2006 (schools requiring significant improvement or schools requiring special measures)

• Amendment to section 4(1)(b) accordingly (“other than by virtue of section 61 or 62 of EIA 2006”)

Consultation – current position• Statutory duty to consult on the question of whether

the conversion should take place• Consultation must be completed before conversion

(though it can take place either before or after the Academy Order has been issued)

• Consultation must be undertaken by the school’s GB unless the school is EFI, in which case it can be run by the sponsor

Consultation – proposed position under the Bill• No statutory duty on any body to consult if the Academy

Order has been issued under sections 4(1)(b) or section 4(A1)

• A more logical position?• Will sponsors still “consult”?• New duty on the sponsor to “communicate information

about plans to improve the school” before conversion (applies where the school is EFI)

• Where the school is: - a foundation or voluntary school with a foundation and- has been issued with a mandatory AO due to being inadequate

the SofS must consult with the trustees/religious body but only about the identity of the sponsor

Co-operation with the conversion processProposed new duties and powers under the Bill• Section 5B(1) – duty on the school’s GB and the LA to

“take all reasonable steps to facilitate the conversion” where an AO issued because the school is EFI

• Section 5B(2) – where the SofS informs the GB of a proposed sponsor, the above duty includes obligation to “take all reasonable steps to facilitate the making of academy arrangements with that person

• Section 5C – SofS can make directions to the GB or the LA to take specified steps if necessary

Summary• Bill expected to come into force April 2016• Coasting school provisions in force towards the end of 2016• Currently the SofS and LA have extensive powers where

schools are EFI• The SofS’s powers are set to become even wider, reflecting

a very clear agenda• However, powers must still be exercised reasonably and

within the law• Question around capacity of the RSCs and academy

sponsors• If your school is the subject of threatened intervention, the

GB should seek advice as soon as possible

www.education-advisors.com

Talk to us…

Please note

The information contained in these notes is based on the position at February 2016. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so.

© Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership.

Julia Green | +44 (0)1392 45 [email protected]

Mark Blois | +44 (0)115 976 [email protected]

Hayley O’Sullivan | +44 (0)121 237 3994hayley.o’[email protected]

Staying in control of your destiny


#BJEDC16

The next five years – four key themes

• Increase in school improvement interventions

• Increase in powers of Regional School Commissioners

• Increase in multi-academy trusts (MATs) and growth within MATs

• Change in role and remit of Ofsted

Increase in powers of Regional School Commissioners

System introduced September 2014 to address the ‘middle tier’ issue and restore some local accountability.

“an important shifting of operational decision making” which has been further solidified by the Education and Adoption Bill.

DFE appointed eight commissioners to act on behalf of the SoS and providing a link between the DfE and academies and free schools.

Each RSC supported by a HTB of 6 to 8 experienced academy headteachers and other sector leaders – elected, appointed and co-opted.

Lord Nash has suggested that in time, there may need to be more RSCs.

RSCs are accountable to the National Schools Commissioner.

Regional School CommissionersThe responsibilities of RSCs were defined in recent House of Commons Select Committee report on RSCs

• monitor the performance of academies, free schools, UTCs and studio schools in their area;

• take action when an academy, free school, UTC or studio school is underperforming;

• approve the conversion of maintained schools to academies and make the decision on the sponsor for new academies in areas where the local authority has identified a need for additional school places;

• make recommendations to minsters about free-school applications and advise whether approved free-school projects are ready to open;

• encourage organisations to become academy sponsors or to establish free schools, approve applications to become sponsors and help to build the capacity and capability of existing sponsors within their area;

• approve changes to open academies, for example changes to age range, mergers between academies, and changes to MAT arrangements.

Regional School Commissioners15 June 2015 – Lord Nash writes to Directors of Children’s Services

From 1 July RSCs to be given additional delegated powers extending their remit so that they can intervene in under-performing maintained schools and convert them into academies under a sponsor.

“Now that RSCs are embedded, this is a logical extension of their role, given the responsibilities they already have for academy conversion and open academies. This change represents the next step to creating a more regionalised system. Decisions will be taken locally by RSCs, with the advice and challenge from the experienced professional leaders represented on their head teacher board… I urge you to work with them in a spirit of cooperation so that we can all ensure that young people in your local area receive the high quality of education they deserve”.

Out with the old…

In with the new…

My national priorities

Current academy numbers

5516 academies

66% of all secondary schools

18% of all primary schools

Standalone v MATs - Primary

Increase in MATs

Multi-school governanceClear agenda:

• Even more focus on skills.• More boards governing groups of schools.

A smaller number of accountable bodies governing larger numbers of schools seen as a crucial step to higher quality governance across the system – fewer, more highly skilled people with a more strategic perspective at board level, who can compare and contrast performance across their schools to create more robust accountability, greater efficiency and more effective school improvement.

The “Carter Plan”Additionally new hierarchical system of academy chains:• ‘Starter Trusts’ – up to 5 schools in one region• ‘Established Trusts’ – between 5 – 15 schools in a single

region• ‘National Trusts’ – 15 -30 schools across more than one

region• ‘System Leader Trusts’ – 30 plus schools across a number of

regions100 weakest academies and System Leader Trusts to be directly accountable to Sir David Carter New rigour to be brought to the expansion of MATs including new assessments to be introduced to reach the next tier

New Education White PaperPublication sometime in next 2/3 monthsMany rumoursLikely to include a strategy for accelerating creation

of MATs2020 – fully academised system?Possibly some new role for local authorities e.g.

admissions, place planning

And what about him?

OfstedOfsted Focused Inspections – parallel accountability regime?Ofsted has carried out focused inspections on nine MATs since 2014, most were critical“King David v King Wilshaw”Probable changes in role and remit of Ofsted

Ofsted• 2016 a defining year for Ofsted• Conservative Party manifesto committed to

‘further reduce the burden of Ofsted inspections’• DfE relationship with Sir Michael Wilshaw

increasingly strained• Carter argues Ofsted should function purely as a

regulatory body, not a school improvement body• Ofsted likely to become less high stakes in terms

of its accountability and schools’ relationships with RSCs becoming the more significant

Overall a structural and cultural shift2010-2015From

– Changing the status of your school

– Single school leadership

– Informal partnerships– School led

accountability– Relative isolation– Ofsted led school

improvement

2015 onwardsTo

– Using the status to drive change

– Multi school leadership– Formal partnerships– Trust led accountability– Collaborate to Improve– RSC led school

improvement

Key resourceForming or Joining a Group of Schools: staying in control of your destiny

https://www.brownejacobson.com/education/training-and-resources/guides/2015/09/forming-or-joining-a-group-of-schools-staying-in-control-of-your-schools-destiny



Staying in control of your destiny

“Destiny is no matter of chance. It is a matter of choice. It is

not a thing to be waited for, it is a thing to be achieved”

William Jennings Bryan

Talk to us…

Please note



Mark Blois | +44 (0)115 976 [email protected]

Adrian Shardlow | +44 (0)115 976 [email protected]

Nick MacKenzie | +44 (0)121 237 [email protected]

Extremism and schools


#BJEDC16

Giving you all the answers

• The law and guidance• What does the guidance tell us to

do?• Evidencing compliance• Counter-Extremism Bill 2015

Radicalisation and schools

The law and guidance

What does the law say?• Section 26 came into force

on 1 July 2015

• A duty for specified authorities to have:

“due regard to the need to prevent people from being

drawn into terrorism”

What does the law say?• Who are the specified

authorities?

• Schedule 6 confirms that all schools (whether maintained or independent) are specified authorities for the purpose of the Act

What guidance is there?• Three to choose from…

What guidance is there?• Does three sets of guidance make it confusing?• No – they all say the same thing:

‐ HM government “Prevent” – general guidance for all sectors

‐ DfE “Prevent” – education specific guidance‐ Keeping Children Safe – education specific safeguarding

guidance

• Where should you go first?

Burdensome new duty?• Not in my view, no

• Why?

• Does it require you to undertake a significant amount of work not already on your ‘to do’ list?

• What about Ofsted

Definition of extremism• Paragraph 7 of Prevent:

“vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty

and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces”


What does the guidance tell us to do?

Discharging your Prevent duty

Are you confident you are discharging your Prevent duty??

http://www.google.co.uk/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRxqFQoTCPnSs_ryyMcCFUO1FAodhggJKQ&url=http://www.astrologycircle.com/yes-or-no/&ei=cNHeVfnaJsPqUoaRpMgC&psig=AFQjCNEF2zzw_iWKylsB9ywuUMbBJmhPHA&ust=1440752342738967

Discharging the duty• In discharging the duty, the guidance tells us to focus

on four areas:

‐ Risk assessment‐ Working in partnership‐ Staff training‐ IT policies

Discharging the duty – risk assessment• Guidance expects you to assess the risk of children

being drawn into terrorism, including support for extremist ideas that are part of terrorist ideology

• Also expects schools to be aware of the increased risk of online radicalisation through the use of social media and the internet

• No one size fits all - what do you need to do in your school/community?

Discharging the duty – risk assessment• Regional variations highly likely. Important to:

‐ have a general understanding of the risks in your area ‐ have a specific understanding of how to identify children

at risk and what to do to support them.

• What about online/social media risks?

‐ Do you use spy software (e.g. Impero, Future Digital, Securus)?

‐ What steps do you take?

Discharging the duty – risk assessment• Have you updated your policy? For most schools, a

simple update to the safeguarding policy will suffice:

‐ Define the risk‐ Identify the risks‐ Say what you do about it‐ Link to the guidance‐ If you hit 150 words you’ve overdone it…

• What about other schools?

Discharging the duty – risk assessment• Some schools will need a more comprehensive policy

that covers, for example:‐ Policy statement‐ Aims and Principles‐ Definitions and indicators ‐ Referral procedure‐ The role of the curriculum‐ Staff training ‐ Visitors, speakers and use of the school premises

Discharging the duty – working in partnership• As with most safeguarding issues, effective

multiagency working is important• Prevent guidance applies to LAs, Health and the police

with some areas having dedicated Prevent Coordinators

• Is the multiagency working in your areas strong enough?

• How can you influence change?

Discharging the duty – working in partnership• Equally as important as strong multiagency working –

community engagement

• Effective engagement with parents, friends and families is key as they are in a good position to spot signs of radicalisation

Discharging the duty – working in partnership• What about Channel?

• Channel is a programme which provides early support to those identified as at risk of being drawn into terrorism

• LAs have a duty to ensure Channel Panels are in place

• When do you refer to Channel and when do you refer to children’s services?

Discharging the duty – staff training• Again, no one size fits all answer here. There will be

regional variations and often variation between primary ands secondary needs

• What training do your staff need?‐ DSP‐ SLT‐ Front line staff‐ All other staff

Discharging the duty – staff training• What training is available?

‐ Lawyer/practitioner training for all staff or selected leads

‐ Channel online training module (suitable for all staff) – an introduction to the topic, identifying vulnerability factors and types of intervention

‐ Government WRAP (Workshop to raise awareness of Prevent) training – presented by local accredited trainers

Discharging the duty – staff training• Minimum expectation is DSL undertakes Prevent

awareness training to enable them to advise and support other staff

• What training do your staff need?

• Get it booked in…

Discharging the duty – IT policies• Internet and social media are recognised as particular

risk areas for children

• Guidance makes clear the need to ensure children are safe from terrorist and extremist material when accessing the internet in schools

• Do you have filtering technology in place?

Discharging the duty – IT policies• Draft Keeping Children Safe in Education guidance –

expected in force for September 2016:


Evidencing compliance

Evidencing compliance• It’s a vague duty – how do you evidence compliance?

‐ New or updated policies‐ Staff training‐ Filtering software‐ Community engagement‐ Record keeping

Evidencing compliance • Generally, Prevent Oversight Board has a power of

direction under s.30 of the Act

• A soft sanction unlikely to be used in education

• Instead, Ofsted will look for evidence of compliance on inspection

Evidencing compliance - Ofsted• September 2015 common inspection framework

makes specific reference to the need for schools to have safeguarding arrangements to promote pupils’ welfare and prevent radicalisation and extremism

• Does your school have this?

• Can you evidence it?

Evidencing compliance - Ofsted• Ofsted will:

“look at the extent to which pupils are able to understand, respond to and calculate risk effectively, for

example risks associated with… radicalisation and extremism and are aware of the support available to

them”

• If you can’t evidence compliance, no one knows you’ve done it…

Discharging your Prevent Duty

Which of the Prevent duty elements do you find most troublesome?



Counter-Extremism Bill 2015

Counter-Extremism Bill 2015• Featured in the Queen’s speech and currently being

drafted• Aimed at suppressing extremist activity, includes

proposals such as:

‐ Banning orders to outlaw extremist organisations ‐ Extremist disruption orders to restrict activities of

individuals‐ Closure orders to close down the premises used by

extremists

• Impact on education?

Talk to us…

Please note



Dai Durbridge | +44 (0)161 300 [email protected]

Hayley O’Sullivan | +44 (0)121 237 3994hayley.o’[email protected]

Demystifying Data Protection and Freedom of Information


#BJEDC16

Information law – how is it relevant to my school?Every piece of recorded information may be disclosable on requestThe fact that disclosure may be inconvenient or embarrassing is no defence – generally information will be disclosable unless an exemption appliesInformation legislation imposes requirements as to the use and storage of information

FOIA/DPA – Overview?• Both FOIA and DPA provide a legal right to information

subject only to limited exemptions• DPA – individuals have rights to information about

themselves from any organisation and there are legal requirements as to how personal data must be processed

• FOIA – relates to non-personal information from public bodies. Motive, identity and what requester will use the information for is irrelevant

• Personal data is exempt from disclosure under FOIA• Both regimes are regulated by the Information

Commissioner• Breach of FOIA – no significant penalty• Breach of DPA – in serious cases significant financial

penalties and possible claims for damages

Data Protection Act 1998 (DPA)

Subject Access Requests (SARs)“Dear Head teacherPlease supply me with all the information held by the School on my son and daughter which I am entitled to under the Data Protection Act 1998. This should include assessments carried out, notes, emails, records of conversations, telephone notes and office notes.If you need anymore information form me, or a fee, please let me know as soon as possible.Yours sincerelyMum”

SARs – what do you do now?1. Panic 2. Nothing. It’s not a valid request 3. Start gathering the information to respond in the

time limit4. Call Browne Jacobson LLP


SAR’s – time limit?

1. 20 calendar days2. 20 working days3. 40 calendar days4. 45 working days


SARs time limit

DPA says ‘promptly’ and in any event before the end of 40 calendar days40 days does not begin to run until you have received the fee in cleared funds

SAR’s – What information do I provide?Mum is entitled to:• The information constituting the personal data of her

son and daughter so the notes, emails, records of conversations and office notes

• Information as to the source of the data• How the information has been processed e.g. manual

or electronic.

SARs – What about third party data?Where you cannot comply with a request for personal data without disclosing information of others who can be identified from that information, you are not obliged to comply with the request unless:-• The third party has consented to the disclosure to the

person making the request; or• It is reasonable in all the circumstances to comply with

the request without the consent of the third party• Consider redacting the third party data. However if the

remaining information means the third party will be disclosed then the information should be withheld.

SARs – Second Request“Dear Head teacherI am investigating a crime involving Ros Foster/Megan Larrinaga a student at your school. To assist my investigation I am requesting under the Data Protection Act 1998 all of Ros’/Megan’s records including her attendance records any safeguarding notes you have. Section 29 of the DPA allows you to provide me with the information for the prevention or detection of crime. If you need any more information please contact me.Yours sincerelyPC Howard”

SAR 2 – What do you do now?1. Panic and hide it in a drawer2. Nothing. DPA doesn’t allow us to share information3. Provide the information as it’s the police and they

say Section 29 allows it4. Call Browne Jacobson LLP


SAR 2 – Dealing with the requestSection 29 does provide an exemption and allows processing of personal data for the prevention or detection of crime or the apprehension or prosecution of offenders BUTPersonal data can only be processed if one of the Conditions in Schedule 2 to the 1998 Act is met and for sensitive personal data one of the conditions in Schedule 3.

SARs – Schedule 2 ConditionsData subject has ‘consented’ to processingThe processing is [absolutely] necessary:• for performing a contract with the data subject• for taking steps at the request of the data subject with a view

to entering into a contract• complying with any legal obligation to which the data

controller is subject• in order to protect the ‘vital interests’ of the data subject (e.g.

a life and death situation)• for certain public functions (in the public interest)• the processing is necessary of the purposes of ‘legitimate

interests’ pursued by the data controller or by a third party to whom the data is disclosed

• but only where these interests outweigh data subject interests.

SARs Schedule 3 ConditionsThe most relevant are the following:• the explicit consent of the data subject is

obtained• Necessary for rights or obligations of

employment• [absolutely] necessary to protect the vital

interests of data subject or someone else• for medical purposes• in connection with legal proceedings or for the

purposes of establishing/defending legal rights• for ethnic monitoring purposes.

SARs – other exemptions which may be relevant

National Security (s28 DPA)Crime prevention and taxation (s29 DPA)Orders made for Health, Education, Social Work (s30 DPA)Required by law or in legal proceedings (s35 DPA)Legal proceedings/establishing and defending legal rights (S35 (2))Schedule 7 exemptions include - confidential references – corporate finance - Legal Professional Privilege.

SAR – top tips• Is the child old enough to make their own request? Do

you need the child’s consent before responding?• Is a fee payable? If so and not enclosed request

promptly• Diarise date for compliance• Consider if the response includes information about

other people• Consider if any exemptions apply• Respond

Freedom of Information (FOIA)

Real requests?How much money has the trust spent on pornography in the last twelve months?What are the names of the three fish at HMP Leeds?How many drawing pins are in the building and what percentage are currently stuck in a pin board?What preparations has the MOD made for a alien invasion?How much money has been paid to exorcists over the last twelve months?

Real requests1. All of them2. None of them3. 2 and 3 only


FOIA request“Dear Head teacherI am making a request under the Freedom of Information Act for the following information(a) What is the annual spend on cleaning supplies such as

toilet rolls in the past 12 months?(b) What cleaning products does the School purchase and

how often?(c) Where do you purchase your cleaning products?Yours sincerelyMr Requester6 Temple Court, London”

FOIA – responding to the request1. Panic and then do nothing. 2. Put it in a drawer. You have more important things to

do3. Start investigations in order to respond to the request4. Call Browne Jacobson LLP


FOIA – time limit1. 40 calendar days2. 20 calendar days3. 40 working days4. 20 working days


FOIA – time limit (2)Need to consider two deadlinesS10 FOIA says “promptly” and in any event within 20 working daysWorking Days = School DaysTeacher Training Days/Inset Days not a School DayLong stop date of 60 daysMust respond within the earlier of the two deadlinesEspecially important during school holidays

FOIA – practical considerationsFOIA relates to information held at the date of the requestNo obligation to create information to respond to a requestThe right is to ‘information’ not specific documents (although caution is required in relation to some information such as receipts)FOIA applies to information held by third parties on behalf of the School such as contractors Remember FOIA is tantamount to disclosure to the whole world – care is therefore required when disclosing information

FOIA - exemptionsThere are two types of exemptions. Absolute and QualifiedMost of the exemptions provided by FOIA are ‘qualified’, meaning that even if the exemption is engaged, the information requested should be disclosed unless the public interest in withholding the information outweighs the public interest in disclosing itAbsolute exemptions are just that and the public interest test does not applyOften more than one exemption is engaged. Where this is the case, where practicable, set them all out.

FOIA – relevant absolute exemptions• Section 21 - Information accessible by

other means• Section 40 – Personal Data• Section 41 - Information provided in

confidence

FOIA – relevant qualified exemptions• Section 22 – Information intended for future

publication• Section 30 - Investigations and proceedings

conducted by public authorities• Section 31- Law enforcement• Section 36 – Information prejudicial to the

effective conduct of public affairs• Section 42 - Legal professional privilege• Section 43 - Commercial interests

Public interestThere is no definition of ‘public interest’ in FOIA (or in any other piece of legislation)Guidance from the IC says that it is something which serves the public interest. It is not something which the public is interested inA qualified exemption can only apply where the public interest in maintaining an exemption outweighs the public interest in disclosing it or confirming or denying it is held.

FOIA – can I charge?It is generally not possible to charge for responding to FOIA requestsAn exemption is available if the cost of dealing with the request, in terms of identifying, locating and providing the information, would exceed the prescribed amount – currently £450, calculated as 18 hours at £25 per hourCannot charge for considering whether an exemption applies or redacting the informationIf the School estimates that this limit is likely to be exceeded, it may decline to deal with the requestAlternatively it can offer to provide the information but charge the requestor for the costs incurred in doing so. If the requestor agrees to meet those charges you must proceed.

Vexatious/repeat requests

S14 FOIA allows authorities to decline to deal with requests on grounds that they are vexatious or repeatedThe repeat exemption will apply where the authority has received a previous request that is the same or substantially similarThe vexatious exemption applies in respect of requests that are vexatious and will require you to consider the identity and motivation of the requestor.

FOIA – top tipsRespond – even if only to say ‘we do not hold the information requested’Apply the public interest test where necessary and if withholding information on this basis explain how the test has been appliedThink about the wider implications of disclosing or withholding information? Do you need to consult on disclosure? Don’t try to withhold information without clear justificationDon’s destroy/alter any documents that are the subject of a request. This is a criminal offence for the individual responsible.

Talk to us…

Please note



Ros Foster | +44 (0)20 7337 [email protected]

Megan Larrinaga | +44 (0)20 7871 [email protected]

Browne Jacobson - Education Law Conference 2016 - Keynote presentations 1, 2, 3 & 4

Education

Transcript of Browne Jacobson - Education Law Conference 2016 - Keynote presentations 1, 2, 3 & 4