The qualified person is a unique role in FOI: it’s limited to specific people and it applies to a single exemption. But a qualified person has a pivotal role in deciding on the release of some of the most sensitive information an organisation might hold. This short, practical course sets out how S36 works, both in terms of internal discussions and wider harmful effects on the organisation’s ability to do its work. What does the QP need to do, and what flaws should the QP look out for?

Course includes:

• What S36 covers: internal advice, internal discussions and prejudice to public affairs

• What are public affairs?

• What do you need to do?

• Capturing the right information in case your opinion is challenged: what to keep and how to record it

• What is a reasonable opinion and how do you demonstrate that you’ve adopted the right approach?

• Who carries out the public interest test?