Early years charity wins FOI battle with DfE over cost of childcare research

The Department for Education must reconsider its refusal to publish research it commissioned from Deloitte on the cost of delivering childcare, the Information Commissioner’s Office has ruled.

The Pre-school Learning Alliance, an early years charity, had submitted a freedom of information request asking for a copy of the research.

The DfE had published its overall review, Review of childcare costs: the analytical report, in November 2015. However, it rejected the Alliance’s FOI request on the grounds that the information was held by Deloitte, not the Department. This position was maintained after an internal review.

The Alliance appealed to the ICO, which has now concluded that Deloitte held the relevant information “on behalf of the DfE”.

The Department must issue a fresh response to the Alliance’s request within 35 days.

Neil Leitch, chief executive of the Alliance, said: “We are very pleased that the Information Commissioner’s Office has ruled in our favour and agreed that the Department for Education’s argument that it doesn’t not hold research that it itself commissioned, and subsequently used, does not wash.

“The research commissioned by the DfE to Deloitte played an integral role in its review of childcare delivery costs, and by extension, the development of the new early years funding rates due to come into effect next year. As such, this information should be made public and open to scrutiny, especially given that so many in the sector do not believe that the new funding rates are in fact enough to cover the cost of delivering funded places. 

“Given that the ICO was unequivocal in its judgement, we hope that the DfE will now make this research available to us without any further delay.”

The DfE told the BBC: "We are currently considering the next steps and will make a decision in due course."