6 responses to “Help on S.44 wanted….”

1. 

   Alex Skene January 16th, 2012 at 11:15

   I’m aware of three s44 ICO cases that relate to the Communications Act, however none of the appeals were very successful.

   http://foiwiki.com/foiwiki/index.php/FOIA_Section_44_Exemption#Communications_Act_-_section_393

   The ICO DNs could provide ideas on how to appeal, eg by asking Ofcom to obtain consent to release the information, to argue that a school is not a “business”, or to argue that s393 does not apply.

   With regard to s44 in general, HMRC is another case in point - they have sections 18-20 of the Commissioners for Revenue and Customs Act 2005 available to them, and it’s is almost a blanket provision to withhold information - we would not have found out about Vodafone’s deal with HMRC without a whistleblower.

2. 

   admin January 17th, 2012 at 08:27

   Alex,

   Many thanks for that. It is interesting you raise the issue of HMRC. I’ve also come up against S.44 when I’ve asked what I thought were fairly straightforward questions about how much corporation tax companies have paid. The exemption aside, surely knowing how much each company pays, or doesn’t pay, in corporation tax is something we should be allowed to know?

3. Mike Lowry February 16th, 2012 at 17:41

   Dear Matthew

   I think the work you do is vital for truth and transparency but I am at a loss as to why you would target the school and head teacher from this excellent series. As you know FoI requests are time consuming and if you are not used to them, quite scary.

   The school portrayed in the series, and the individuals in it, do not deserve the level of vitriol that you are showing them. We can all disagree with their approach or any individual interaction but we don’t live in that town and do not have to send our children there. Please reconsider this unjustified, in my opinion, attack and people that are trying incredibly hard to make a difference.

4. 

   admin February 17th, 2012 at 09:54

   Mike,
   I accept your point in that for an organisation such as a school a FoI request might cause them some concern. However, look at what I’m asking. Did they get any money from allowing Channel 4 for an exploitative documentary that invade the privacy of children? They should be able to come up with an answer for that. It’s not a difficult question, just one they would prefer not to answer.
   Matthew

5. Mike Lowry May 28th, 2012 at 16:41

   Dear Matthew

   I was wondering whether you had any further developments in this? I still read your initial piece and shake my head at your personal attacks on the headteacher but I guess you can sleep at night. Didn’t it say in the original reply from the school that no one received any money?

   Mike

6. Mike Lowry July 14th, 2012 at 19:04

   Dear Matthew

   Any further news on your request or have you decided to leave this poor school alone now?

   Mike