North Tyneside Council has received a significant number of Freedom of Information requests relating to the Education Review.
The Authority has considered these requests carefully and is withholding certain categories of information. This is because it considers it exempt under section 36(2) of the Freedom of Information Act.
Refusal notice: Section 36(2) - information prejudice to the effective conduct of public affairs.
As part of the Education Review Consultation Process, we have been asked to provide the following information:
- Internal emails between officers and/or external stakeholders or advisors.
- Draft documentation, previous versions of live documents, associated commentary or documents containing tracked changes.
- Analysis reports, summary tables, and methodology documents used to evaluate public responses to school merger consultations
The Authority has decided to refuse this information under s36(2)(b)(i) s36(2)(b)(ii) and s36(2)(c) of the Freedom of Information Act 2000, information prejudice to the effective conduct of public affairs. This is because the Qualified Person has determined that disclosure would inhibit the free and frank exchange of views for the purposes of deliberation, inhibit free and frank provision of advice and would prejudice the effective conduct of public affairs.
Disclosure of the above information would place in the public domain information that would result in the following consequences:
Releasing this information could damage trust and working relationships between the Authority, schools, other Local Authorities and several other stakeholders who may have shared information, advice or opinions in confidence.
The publication of this information would have a severe detrimental impact on those close relationships. The loss of trust that disclosure would create could have far reaching effects including, the schools and partners not sharing information with the Council. This would influence the ability of the Authority to make the most appropriate decisions in the best interests of everyone in the borough.
Forcing disclosure of internal discussions will influence the ability of the Authority to have honest and transparent communications intended to progress with the necessary processes involved in the consultation.
Having sensitive information published could inhibit the ability of the Authority to consult with stakeholders and obtain important feedback at the appropriate times. This would have a detrimental impact on the free and frank exchange of views and provision of advice as it would prevent individuals and stakeholders from engaging with the process in an authentic way. This will influence the quality of advice that is given and would influence the outcome on any final decisions.
Release of any methodology documents used to evaluate public responses would derail the process further if these were to be scrutinised and challenged. If they were reviewed and altered now in an aim to appease members of the public, it would mean the consultation process is not fair and consistent going forward. Likewise, it may result in families and stakeholders tailoring their responses and opinions to gain more support for their concerns, which again would influence the fairness of the process. This would result in the Authority’s time and resources being utilised in responding to and managing this as opposed to moving forward with the necessary steps in the consultation.
The Authority requires sufficient time to consider all various proposals and solutions to decide on the best possible outcome for all families in the borough. There is a risk that if this information was released into the public domain now, the Authority would not be able to divide its resources efficiently enough and it is imperative that all families across the borough who may be impacted are considered fairly.
As Section 36 is a qualified exemption, we are also required to decide on a case-by-case basis, whether the public interest in maintaining this exemption outweighs the public interest in its disclosure. The Authority has considered this below:
In this case the public interest factors in disclosing the information within the scope of the request are:
- There is a public interest in openness and transparency regarding the Authority’s decision-making processes.
The factors in withholding the information are:
- It is vital that the Authority can maintain effective working relationships with schools and other stakeholders.
- Damage to those relationships impacts on outcomes of discussions but also diverts resources into managing the relationship rather than progressing Local Authority/school priorities.
- A substantial public interest in maintaining circumstances where the Authority can effectively maximise use of resources.
- The Authority are also actively publishing as much information as possible on the Have Your Say website.
- Once the final consultation has been concluded all relevant information and summary information will be published.