School Review Framework (FOI)

Request

Please could you provide any and all information that is available about the Jersey School Review Framework.

Response

The Department for Children, Young People, Education and Skills is currently developing the ‘Jersey Schools Review Framework’, which has just completed a pilot phase. The Review Framework aims to increase the confidence held in the quality of services offered by our schools to pupils, parents, school staff and the wider community.

The framework will provide our schools with the tools to evaluate and improve the quality of their services. Initial reviews have provided training for senior school leaders as well as opportunities to develop processes and amend the evolving framework and policy appropriately.

The intention is to publish the finalised Framework in early September.

Any further information in relation to the Jersey School Review Framework is exempt from release under Article 35 of the Freedom of Information (Jersey) Law 2011 as it relates to the formulation of policy around the framework.

Article applied

Article 35 Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Public interest test

The Scheduled Public Authority (SPA) is withholding the release of the information as it relates to the formulation and development of policy by the public authority. Article 35 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. On balance, it is our view that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Although there is a need for transparency, accountability, financial and good decision making by public authorities this information relates to ongoing discussions. The SPA needs the ability to consider and reconsider the assumptions and evaluations raised by the various parties to inform their decisions.

Public interest considerations favouring disclosure

• disclosure of the information would support transparency and promote accountability to the general public, providing confirmation that the necessary discussions have taken place

• disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how the department engages with parties for this purpose

Public interest considerations favouring withholding the information

• in order to best develop policy officers need a safe space in which free and frank discussion can take place. The need for this safe space is considered at its greatest during the live stages of a policy. Disclosure at a time when these views are still being considered would negatively impact the Department’s ability to fully consider the information and could be considered prejudicial to individual education establishments

• release of the framework information at this stage might generate misinformed debate in areas where future options have yet to be finalised

• disclosure of information underlying the framework may also generate misinformed debate and prejudice, as such information is being utilised in the context of the framework policy. This could hamper and harm the policy–making process not only in relation to this subject area but in respect of future policy development across wider Departmental business

Once a policy is formulated, the public interest in withholding information relating to its formulation is diminished, however, the use of the exemption can be supported if it preserves sufficient freedom during the formulation phase to explore options without that process being hampered by some expectation of future publication. The public authority needs safe space in which to rigorously explore and develop the best policy possible.

Article 36 Information intended for future publication

(1) Information is qualified exempt information if, at the time when the request for the information is made, the information is being held by a public authority with a view to its being published within 12 weeks of the date of the request.