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 law
Education 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 law
EIA – 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 M
2. In 2014 and 2015, below median percentage of pupils
making expected progress
3. 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• But DfE policy and draft guidance suggests that: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 position
Section 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 position
New 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 process
Proposed 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

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 8727
julia.green@brownejacobson.com
Mark Blois | +44 (0)115 976 6087
mark.blois@brownejacobson.com
Hayley O’Sullivan | +44 (0)121 237 3994
hayley.o’sullivan@brownejacobson.com

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 Commissioners
The 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 Commissioners
15 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”.

Current academy numbers
5516 academies
66% of all secondary schools
18% of all primary schools

Multi-school governance
Clear 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 regions
100 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 Paper
Publication sometime in next 2/3 months
Many rumours
Likely to include a strategy for accelerating creation of
MATs
2020 – fully academised system?
Possibly some new role for local authorities e.g.
admissions, place planning

Ofsted
Ofsted 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 shift
2010-2015
From
– Changing the status of
your school
– Single school leadership
– Informal partnerships
– School led
accountability
– Relative isolation
– Ofsted led school
improvement
2015 onwards
To
– Using the status to
drive change
– Multi school leadership
– Formal partnerships
– Trust led accountability
– Collaborate to Improve
– RSC led school
improvement

Key resource
Forming 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

Mark Blois | +44 (0)115 976 6087
mark.blois@brownejacobson.com
Adrian Shardlow | +44 (0)115 976 6091
adrian.shardlow@brownejacobson.com
Nick MacKenzie | +44 (0)121 237 4564
nick.mackenzie@brownejacobson.com

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??

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?

• 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?

• 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?

• 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?

• 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

• 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

• 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

• 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

• It’s a vague duty – how do you evidence compliance?
‐ New or updated policies
‐ Staff training
‐ Filtering software
‐ Community engagement
‐ Record keeping

• 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?

Dai Durbridge | +44 (0)161 300 8037
dai.durbridge@brownejacobson.com
Hayley O’Sullivan | +44 (0)121 237 3994
hayley.o’sullivan@brownejacobson.com

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 request
The fact that disclosure may be inconvenient or
embarrassing is no defence – generally information
will be disclosable unless an exemption applies
Information 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 teacher
Please 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 sincerely
Mum”

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 limit
4. Call Browne Jacobson LLP

SAR’s – time limit?
1. 20 calendar days
2. 20 working days
3. 40 calendar days
4. 45 working days

SARs time limit
DPA says ‘promptly’ and in any event before the
end of 40 calendar days
40 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
I 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 sincerely
PC Howard”

SAR 2 – What do you do now?
1. Panic and hide it in a drawer
2. Nothing. DPA doesn’t allow us to share information
3. Provide the information as it’s the police and they say
Section 29 allows it

SAR 2 – Dealing with the request
Section 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 BUT
Personal 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 Conditions
Data subject has ‘consented’ to processing
The 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 Conditions
The 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

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 requests
1. All of them
2. None of them
3. 2 and 3 only

FOIA request
I 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 sincerely
Mr Requester
6 Temple Court, London”

FOIA – responding to the request
1. Panic and then do nothing.
2. Put it in a drawer. You have more important things to do
3. Start investigations in order to respond to the request

FOIA – time limit
1. 40 calendar days
2. 20 calendar days
3. 40 working days
4. 20 working days

FOIA – time limit (2)
Need to consider two deadlines
S10 FOIA says “promptly” and in any event within 20 working
days
Working Days = School Days
Teacher Training Days/Inset Days not a School Day
Long stop date of 60 days
Must respond within the earlier of the two deadlines
Especially important during school holidays

FOIA – practical considerations
FOIA relates to information held at the date of the request
No obligation to create information to respond to a request
The 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 - exemptions
There are two types of exemptions. Absolute and Qualified
Most 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 it
Absolute exemptions are just that and the public interest
test does not apply
Often 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 interest
There 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 in
A 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
requests
An 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 hour
Cannot charge for considering whether an exemption applies or
redacting the information
If the School estimates that this limit is likely to be exceeded,
it may decline to deal with the request
Alternatively 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 repeated
The repeat exemption will apply where the authority
has received a previous request that is the same or
substantially similar
The 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 tips
Respond – 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 applied
Think about the wider implications of disclosing or withholding
information? Do you need to consult on disclosure?
Don’t try to withhold information without clear justification
Don’s destroy/alter any documents that are the subject of a
request. This is a criminal offence for the individual
responsible.

Ros Foster | +44 (0)20 7337 1015
ros.foster@brownejacobson.com
Megan Larrinaga | +44 (0)20 7871 8504
megan.larrinaga@brownejacobson.com

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