As public bodies, UK schools are increasingly in the spotlight when it comes to transparency. Freedom of Information (FOI) requests are a key legal mechanism for parents, campaigners, and the media to access information about how schools operate but they’re also on the rise, especially around exams, assessments, and decision-making processes.
For school administrators and data protection leads (DPLs), responding to FOI requests isn’t just a legal duty under the Freedom of Information Act 2000, it’s also an opportunity to build public trust through transparency. Therefore, it’s crucial to understand your responsibilities, and the risks, when responding to these requests, especially as scrutiny intensifies.
Why Are FOI Requests Increasing in Schools?
Since the pandemic, there’s been a noticeable uptick in FOI activity directed at schools and trusts. Some of the key drivers include:
- Concerns about exam grading during teacher-assessed years
- Requests for exam board correspondence and internal moderation policies
- Transparency around assessment algorithms or standardisation approaches
- Access to emails or records related to grade appeals
- Inquiries about pupil exclusions during exam periods
Schools across the UK have reported a surge in FOI requests during May–July, often clustered around GCSE and A-Level periods. These are not always straightforward, and many come from organised campaigns or media investigations.
What Is Covered by FOI in Schools?
Under the Freedom of Information Act 2000, anyone can request recorded, non-personal information. This includes:
- Curriculum and assessment policies
- Staff guidance or marking frameworks
- Internal minutes or email chains (if recorded)
- Communication with exam boards or local authorities
It does not cover:
- Personal data about students or staff (that’s handled under UK GDPR)
- Opinions that weren’t formally recorded
The Right Way to Respond
Every request must be handled lawfully, objectively, and in good faith. The basic process:
- Acknowledge: Respond within 20 working days
- Clarify if the request is vague or excessive
- Assess whether you hold the data and how much effort is required
- Apply exemptions only where legally justified
- Provide the information, or explain your reasons for refusal
Maintain a full audit trail of your decisions, especially if you’re applying an exemption.
Use of Exemptions: Don’t Overreach
The FOI Act includes several exemptions but misusing them can damage your reputation and trigger ICO scrutiny. Common (and often misapplied) exemptions in schools include:
- Section 36 (prejudice to effective conduct of public affairs): Often used to withhold internal discussions but must be supported by recorded reasoning from a qualified person (e.g. Headteacher)
- Section 40 (personal data): Use only where releasing the info would breach data protection law
- Section 22 (future publication): You must have a clear intention to publish the info soon
Exemptions serve a purpose, but overusing or misapplying them risks eroding public confidence and triggering ICO complaints. As stewards of public funds and student welfare, UK schools should aim to default to openness, using the FOI framework as a tool to engage, not to evade.
Real-world caution:
A secondary school used Section 36 to refuse a request for internal marking guidance during a teacher-assessed grading period. The requester complained to the ICO, who found that the school had not sufficiently evidenced how disclosure would “prejudice the conduct of public affairs.” The school had to release the material.
Best Practices for UK Schools
- Have a written FOI policy and publish it on your website
- Train front-office and SLT staff on identifying and escalating FOI requests
- Work with your DPO or local authority when applying exemptions
- Log every request, decision, and rationale
- Avoid redacting out of caution: Redact only what is necessary under the Act
- Be proactive: Publishing certain information online (e.g. assessment policies, appeals processes) can reduce the volume of individual FOIs
When FOI Meets Exams: Be Prepared
To reduce stress and ensure legal compliance during exam season:
- Review your assessment policy and have a version ready to share
- Document all grade moderation discussions formally
- Keep communications with exam boards organised and accessible
- Clarify what can and cannot be disclosed under FOI vs. Subject Access Rights
Final Thought: Transparency Is a Strength, Not a Risk
It’s tempting to view FOI requests as administrative burdens or reputation threats. But when handled lawfully and openly, they demonstrate professionalism, fairness, and accountability. Use exemptions sparingly and transparently, and never to avoid embarrassment or scrutiny.
