Agreeing Confidential Items
The governing body should be as open as possible in their business. The Instrument requires all papers of the governing body to be open to public inspection unless an item: relates to named member of staff or prospective member of staff relates to a named student or candidate for admission to the college relates to the clerk concerns any matter which the governing body is satisfied should be treated confidentially, which might include sensitive commercial transactions and negotiating positions.
The clerkwith the chair and the report's author, decide whether to use the confidential marker and they should be able to justify any decision to classify a document as confidential. An item relating to a named student or member of staff is not automatically a confidential matter, only matters which could cause harm or embarrassment are required to be treated confidentially. Material which may be required to be treated confidentially include: information provided in confidence by a third party who has not authorised its disclosure financial or other information relating to procurement decisions during the course of those negotiations information relating to employee relations during the course of negotiations information relating to the financial position of the college where the governing body is satisfied in good faith that disclosure might harm the college legal advice or instructions given to the college legal advisers information planned for publication in advance of the publication commercially sensitive material.
If an item is classified confidential, governors and others are obliged to respect that confidentiality. Confidential material should not be made publicly available. Also see Freedom of Information Act.
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