[2025] UKFTT 01129 (GRC)

Even if the School is right that the request forms part of a ‘campaign of harassment’ by the requestor, in concert with a group of other individuals, we agree with the Commissioner that there is a legitimate interest in transparency and accountability in relation to whether or not complaints had been made against the headteacher and referred to the governing body. Confirmation or denial also acts as a gateway to potential disclosure of the requested information, i.e. the number of those complaints and the number that have been upheld. The headteacher is in a senior leadership position. It is public knowledge that the School has used significant sums of public money to fund a legal claim for harassment brought by the headteacher against two parents of pupils at the School.

As the tribunal noted in its decision in FT/EA/2024/0328, an appeal arising out of the same background, it is not the tribunal’s role to judge whether the School was right or wrong to fund the litigation pursued by the headteacher. There is, however, a legitimate interest in transparency in relation to why a School with limited resources spent significant sums funding a legal action for harassment brought by its headteacher against two private individuals. We agree with the Commissioner that information about whether complaints have been brought against the headteacher and referred to the School’s governing body and the outcome of those complaints would contribute to public understanding of the information that was known to the School when it made that decision.

Against that background, we find that confirmation or denial under FOIA would serve a legitimate interest in transparency and accountability. We are satisfied that a legitimate interest is being pursued.