The complainant requested data on the number of pupils not engaging with remote lessons at school. The Department for Education initially relied on section 22 of the FOIA (intended for future publication) to withhold the information, but then reversed itself and said that it held no relevant information. The Commissioner is satisfied that, on the balance of probabilities, the DfE does not hold the requested information and has therefore complied with its duty under section 1(1) of the FOIA. However, in failing to inform the complainant, within 20 working days, that it did not hold the requested information, the DfE breached section 10 of the FOIA. The Commissioner does not require any further steps to be taken.
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