University Council of Durham University (Education) [2020] UKICO fs50812982 (29 January 2020)
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University Council of Durham University
The complainant has requested information relating to the 11+ test first used in Warwickshire and Birmingham in September 2015 and September 2016. These tests were written by the Centre for Evaluation (CEM), which was part of Durham University at the time of the request. The complainant also requested information relating to a claim that CEM had asserted to the ICO in Appeal EA/2015/0226 that its 11+ testing is ‘tutor proof’, and the evidence to support this assertion. The University Council of Durham University (Durham University) provided some of the requested information, but has explained that it does not hold information in relation to the request for evidence that its 11+ testing is ‘tutor proof’. Durham University also refused to provide some of the requested information under section 43(2) (commercial interests) of the FOIA . The Commissioner’s decision is that, on the balance of probabilities, Durham University does not hold the information requested in relation to the request for evidence that its 11+ testing is ‘tutor proof’. The Commissioner has also decided that section 43(2) was correctly applied to the withheld information and the public interest in maintaining the exemption outweighs the public interest in disclosure. The Commissioner does not require any steps to be taken as a result of this decision notice. Information Tribunal appeal EA/2020/0047 under appeal.
FOI 43(2):
Complaint not upheld
FOI 1:
Complaint not upheld
Decision notice: fs50812982
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URL: http://www.bailii.org/uk/cases/UKICO/2020B/fs50812982.html
