DfE FOIA Breach Decision

ICO Decision Notices

Filed March 19th, 2026

Detected March 24th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld a complaint against the Department for Education (DfE) for breaching the Freedom of Information Act (FOIA). The DfE failed to provide a substantive response to a request made on 29 January 2026 within the statutory 20 working days.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice finding that the Department for Education (DfE) breached Section 10 of the Freedom of Information Act (FOIA). The breach occurred due to the DfE's failure to issue a substantive response to a request filed on 29 January 2026 concerning the use of Personal Transport Budgets for student accommodation. The ICO has mandated that the DfE must now provide a substantive response to the request.

This decision highlights the importance of timely responses to FOIA requests for public authorities. Compliance officers within government agencies should ensure that internal processes are robust enough to meet the 20-working-day statutory deadline for substantive responses. Failure to do so can result in a formal breach finding by the ICO, requiring immediate corrective action. The DfE must now address the original request promptly.

What to do next

Provide a substantive response to the FOIA request dated 29 January 2026.

Source document (simplified)

Department For Education (DFE)

Date 19 March 2026
Sector Central government
Decision(s) FOI 10: Upheld The complainant requested on 29 January 2026 confirmation as to whether Department for Education (DfE) has issued any guidance stating a Personal Transport Budget may not be used flexibly by parents to fund student accommodation or similar non-transport costs; and if no such guidance exists, confirmation that there is no DfE restriction preventing such use. A public authority will breach section 10 of FOIA if it fails to respond to a request within 20 working days. Based on evidence available to the Commissioner, by the date of this notice DfE has not issued a substantive response to this request. Therefore the Commissioner finds a breach of section 10. DfE must provide a substantive response to the request in accordance with its obligations under FOIA.