Wandsworth Council SEN FOI Request Not Upheld
Summary
The ICO issued a decision notice regarding a Freedom of Information complaint against Wandsworth Borough Council. The complainant requested information about Special Educational Needs (SEN) processes and complaints management. The council withheld certain information under FOIA sections 21 (information accessible by other means) and 22 (future publication). The ICO found that section 21(1) was properly engaged at the time of the request and the council holds no additional unpublished information. No breach of section 16(1) (advice and assistance) was found.
“The Commissioner's decision is that section 21(1) of FOIA was engaged at the time of the request and that the council doesn't hold any other relevant information that isn't already published.”
What changed
The ICO determined that Wandsworth Borough Council properly withheld SEN-related information under FOIA section 21(1) by directing the complainant to already-published sources. The council was not required to take any additional steps as no relevant unpublished information was held. Public authorities handling similar SEN information requests should ensure they cite accessible-alternative sources when applying section 21 exemptions and clearly identify what is actually held versus publicly available.
For FOI practitioners, this decision reinforces that section 21 requires demonstrable accessibility of information at the time of request rather than mere availability of similar materials. Councils should maintain clear records of what information exists in the public domain versus what is held but unpublished.
Archived snapshot
Apr 22, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
London Borough of Wandsworth
- Date 15 April 2026
- Sector Local government
- Decision(s) FOI 1(1): Not upheld, FOI 16(1): Not upheld, FOI 21(1): Not upheld The complainant requested information about Special Educational Needs (SEN) processes and how SEN-related complaints are managed. Wandsworth Borough Council (‘the council’) provided some information, including directing the complainant to relevant, published information. It refused to disclose the remaining information under sections 21 and 22 of FOIA. These exemptions concern information accessible to applicant by other means and information intended for future publication, respectively. The Commissioner’s decision is that section 21(1) of FOIA was engaged at the time of the request and that the council doesn’t hold any other relevant information that isn’t already published. There has been no breach of section 16(1), which concerns advice and assistance. It’s not necessary for the council to take any steps.
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