A Freedom of Information request
from the British Humanist Association
has just been granted by the Information Commissioner which effectively means that the DfE will have to publish a list of the PROPOSALS for free schools. At the moment, these proposals are hidden from the public's view, and taxpayer only gets to know about a free school they are funding when the proposal has been accepted. This is patently an absurd situation because it means no one knows where the next free school is going to pop up, and has no time to lodge a complaint because the establishment of the free school is effectively a "done deal" secured behind closed doors. A number of people connected with the LSN -- including myself -- have submitted similar requests for information, but we've always been stonewalled with the argument that the DfE needs to protect commercial sensitivities blah, blah, blah. The real reason is that the government doesn't want the public to see that the vast majority of free school applications are from faith groups of all hues and persuasions or from groups with a clearly socially segregationist agenda. Many applicants have been termed "extremists and loonies" because of their commitment to fundamentalist principles such as creationism or pseudo-scientific beliefs like the Steiner schools -- their founder believed black people were below white people on his balmy evolutionary tree.
Well done to the BHA I say! I salute you! Now, at last, we might have a more transparent free school application process and be able to question where the most divisive and damaging applications are.
This is the information provided in the BHA press release. It's not up on the website yet, so it's worth quoting in full:
"BHA Faith Schools Campaigner Richy Thompson commented, ‘We welcome the ICO’s ruling and the additional transparency that will come about as a result. The BHA campaigns against state-funded ‘faith’ schools, and an important part of being able to do this effectively is being able to identify who is applying to set them up.
‘This year we have been trying to identify all Free School applications, but have only been able to identify about two-fifths of the groups that applied– the majority of groups are simply unknown to the public at large. It is hard to know how the public is able to scrutinise these proposals if we don’t even know about them in the first place. By the time Free Schools are “pre-approved” to open by the DfE and publicly listed, it is often too late to stop them.
‘The BHA does not oppose Free Schools in principle, but does have particular concerns that the additional freedoms afforded to Free Schools may increase religious discrimination within the state-funded sector. In addition, the BHA is concerned about the wider diversity of schools opening as Free Schools, including evangelical and pseudoscientific schools.’
Details of the FOI request
On 21 June 2011, the BHA submitted an FOI request to the DfE asking for:
A list of Free School proposals received by the Department for Education, including the 323 received during the first wave and the 281 received during the second wave, giving for each:
However, the Department for Education claimed it did not need to publish the proposals due to the exemption found in section 36 of the FOI Act – ‘prejudice of effective conduct of public affairs’. The exemption comes with a public interest test, and the DfE ruled that the balance lay against disclosure.
On 1 August, the BHA appealed the ruling; however, the DfE subsequently concluded that the exemptions in sections 21 (‘Information accessible to applicant by other means’), 22 (‘Information intended for future publication’) and 35 (‘Formulation of government policy’) of the FOI Act were also engaged. Section 35 again comes with a public interest test, and again DfE ruled that the balance lay against disclosure.
As a result, on 22 September, the BHA complained to the ICO. The ICO has now ruled that the DfE was wrong to decide that the exemptions in sections 21 and 22 were engaged. Furthermore, the DfE was right to consider that the exemption in section 36 was engaged, but wrong to conclude that the public interest lies against disclosure. The DfE must now publish the information by 8 August.
The ICO separately ruled in May that the DfE must publish a list of proposed University Technical Colleges and 16-19 Free Schools. However, this represents the first time the ICO has ruled on Free Schools in general."
- The name of the project
- The local authority/area of the proposed school
- The previous name (if applicable) of the proposed school
- The faith (if any) of the proposed school
- Whether the proposal was received in the first wave or the second wave