Human rights compliance of education legislation (FOI)

​Request

I would like to know if the Education (Jersey) Law 1999 in particular the areas that relate to Higher Education Article 5 and Schedule 2 and the most up to date Education (Discretionary Grants – Amounts) (Jersey) Order 2008 and Education (Discretionary Grants – General) (Jersey) Order 2008 have been checked and comply with our Human Rights (Jersey) Law 2000 and United Nations Charter of Human Rights (UNCHR).

In particular to Part 2 The First Protocol Article 2 Right to Education this right belongs to the person however the basis on which grants are given is on the gross household income of parents . Has this area been checked for compliance.

Have there been any audits of these area, if so could I see a copy?

Response

The States of Jersey can neither confirm nor deny that it holds the information requested.

Exemptions and articles applied

Article 10 – Obligation of scheduled public authority to confirm or deny holding information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information,

it must inform the applicant accordingly.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt information or qualified exempt information if it had held it,

the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.