FT data

A fortnight ago, MPs caught a fleeting glimpse of a process that has, to this point, taken place discreetly: the Information Commissioner’s Office investigation into the office of Michael Gove over suspected breaches of the Freedom of Information Act.

A transcript is now available for Mr Gove’s appearance before the education select committee, when he answered questions on the topic. He said the DfE had not released data from one document in response to FoI requests because it was political.

The law is straightforward: only government data is covered by the FoI Act. Party political or private business is never captured, even if it is sent via a government email address. Official business, however it is transmitted, is always covered.

In circumstances where there is a mix of party, personal and government business, official data is released and the remainder is redacted. So the whole text would need to be party political and not official for the document not to be covered by the act.

We have published it below.

We asked some experts for comment. Most dwelled on the questions at the end about implementation of government policy. John Macdonald QC, who literally wrote the book on the FoI Act, said claims that this document is all party business are “baffling”.

Adam Chapman, partner at Kingsley Napley and a former government litigator on FoI, said the “email (or at least the overwhelming majority of it) should be treated as being governmental… In essence [it] is about the promotion of government policy.”

Here is the email – and some background information:

• The email was sent on December 29 2010 to a civil servant, two special advisers, a then soon-to-be SpAd and an MP. The education secretary sent it from his wife’s email address.
• The names mentioned in the email are the DfE barrister (James Goudie) and a duo working in the DfE capital team (“Cunliffe-Miller” is two people).
• We have added the links in the document, which go through to the relevant pages on the DfE website, so you can see how the communications plan was implemented.

New Year Action Plan

THIS WEEK IS REFORM BEARING FRUIT ON THE GROUND WEEK

Weds 5th January –  We pass the 400 academy mark (what is the exact number?) (and who/where are they?) and there are 40 new convertors (what is the exact number?) (and who/where are they?)

In each region there will be a new convertor case study and quotes from existing convertors

and regional broadcasters will cover…

for national correspondents/commentators we need to get exact quotes from Blair on significance of this “tipping point”

and we need to show how the percentage of our independent state schools (academies) is now greater as a precentage of secondary schools than in Sweden (can we?)

We need to brief commentators writing on Tues/Weds/Thurs/Fri

Camilla C/Alice T/Ben B/Jonathan Freedland/Martin Kettle…

Can we get signed op-ed from a head asap to place (eg Mike Welsh – why I as a union leader back Gove reforms…)

And do we need a new news story beyond just numbers to push it forward further

(Richmond and Bromley are first LAs to go all academy? )

ALSO SCIENCE EDUCATION CONFERENCE (anti Btec story?)

Thurs 6th January

Reducing bureaucracy story…

all schools no longer required to…..

Fri 7th January - Nick Gibb speech to North of England conference -

discipline….?

THIS WEEK IS TACKLING FAILURE WEEK

Sun 9th – curtain-raiser stories on league tables – how Labour failed on basics (Eng Bacc…)

How labour failed on vfm (cash figs)

Mon 10th – forced conversions?

Tues 11th – league table curtain raiser? (am I speaking at BETT international tech conference this week/today?)

Weds 12th – publication of performance data (when? and when can we see figs?)

Eng Bacc story – how are we doing

VFM figures how can we cut it…

Thurs 13th – number of failing schools/Sidwell appointment/forced conversions?

Fri 14th – ofsted literacy report

THIS WEEK IS RESTORING SANITY WEEK

Sun 16th – NC review curtain raiser

Mon 17th – NC review….(how do we stop negative stories…..)

Tues 18th CAPITAL REVIEW INTERIM REPORT (preview…)

Weds 19th CAPITAL REVIEW INTERIM REPORT (real thing)

Thurs 20th Music Review?

THIS WEEK IS NEXT STEPS ON STRUCTURAL REFORM WEEK

w/c Mon 24th – BSF judicial review…..(AAAAAARGGGGGHHHH!!!!!!)

but also preview stories on free school conference…..

let’s get some good role model stories ready as well as fixing Klein etc interviews…

Sat 29th – Free school conference

OUTSTANDING QUESTIONS IN MY MIND….

1/where are we on phonics/age 6 reading test implementation plans?

2/where are we on reducing bureaucracy?

3/where are we on discipline/ap proposals?

4/when am I seeing Goudie?

5/where is the roster of all my anti-BSF comments pre-election?

6/can I see the perm sec/cunliffe-miller evidence we have?

7/what should I say at BETT conference?

8/what is the THEME of the Bill (and the main points we want to highlight…)

more will inevitably follow…