Re St Crispins Sports centre.

1. What discussions have been held, Heads of Terms or agreements made (signed or otherwise) between the Council (Councillors or staff) & St Crispins school or the Circle Trust charity running the school regarding its ownership (current and future) and/ or use.

This information is exempt under section 43 (2), namely disclosure would, or would be likely to, prejudice the commercial interests of any legal person (an individual, a company, the public authority itself or any other legal entity).
The future of the Sports Centre has been the subject of Consultation and pending a decision of the Council’s Executive, see: https://wokingham.moderngov.co.uk/mgIssueHistoryHome.aspx?IId=44611&PlanId=448&RPID=12606160

Disclosure of any such discussions would likely prejudice the position of the Council, and the School, Trust and operator of the Centre in any negotiations that followed that decision. The potential to undermine the Council’s negotiating position determines that it is not in the public interest to disclose.
Further this is also exempt under s36 as disclosure.
(b) would, or would be likely to, inhibit—
(i) the free and frank provision of advice, or
(ii) the free and frank exchange of views for the purposes of deliberation, or
(c) would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.
Any such disclosure would likely inhibit officers and Members in reaching decisions regarding the Sports Centre, as well as any discussion with the operators of the Sports Centre and the School / Trust.

The Public Interest arguments have been considered and the Qualified Person does not believe that the benefits of releasing the information outweigh the harm that could occur from disclosure. Consideration was given to the fact that it is in the public interest for the Council to be open and transparent and accountable in its decision-making processes and is also mindful of the general public interest in the issue, however the following points were also considered in favour of maintaining the exemption in respect of this request:-

It would inhibit the free and frank discussions and decision making process(es) both within the Council and with third parties such as the sports Centre operator and the School / Trust.

In balancing the interests, is therefore determined that the exemption is upheld and the request refused under Section 36.