Building and fire safety working group: EIR review

Information requested

1. Provide the update SG Officials provided on the Single Building Assessment (SBA), including any notes, briefings and slides circulated or prepare.
2. Detail the make-up of the buildings included in the pilot phase which illustrates the "range of different building sizes and issues to ensure the SBA process is robust".
3. Provide the evidence submitted by applicants which demonstrates, with the necessary redactions of personal data and property locations, that 24 have secured specialist services from fire engineers and surveyors, including but not limited the notes of contract of specialists services being secured.
4. Provide the evidence submitted by applicants which demonstrates, with the necessary redactions of personal data and property locations, that a further 14 having secured specialist contractors completing SBAs.
5. Provide samples or templates to the applicants which demonstrates how the Scottish Government has communicated to the five buildings which do not require further inspections, they are discharged from the pilot.
6. Provide samples or template letter issued to the applicants who are from the three buildings which have been issued a grant letter, please provide the breakdown and total grant funding amounts of grant.
7. Provide the final SBA report for the one building that has completed physical inspections and their final SBA report is being prepared.
8. Confirm the status of the one full Single Building Assessment which was expected to be completed by the end of 2021 and the further six completed by the end of the 2021-22 financial year.
9. Provide details and notes of any questions asked and answered at the session.

In all of the above, please redact documents with the necessary redactions of personal data and property locations.

In this case, please concentrate specifically in regards to the exceptions applied to the information requested in points 1, 3 and 7 highlighted above.

Response

You requested a review specifically in regards to the exceptions applied to the information requested in points 1, 3 and 7 highlighted above.

I have concluded that a different decision should be substituted.

In the first instance, please accept my sincere apologies for the difficulties, and delay, you experienced in receiving our previous response in full and also for the delay in receiving this response. In conducting the review, I have identified aspects of our handling of your requests which should have been better. Please be assured, I have provided feedback in this regard to the relevant team to improve our FOI/EIR request handling process going forward.

Point 1

Our original response to your request confirmed that an exception under regulation 10(4)(e) of the EIRs (internal communications) applied to the information requested and it was therefore withheld in full. This exception is subject to the ‘public interest test’. Under the EIRs, the presumption is in favour of disclosure. In conducting my review, I have found that the information does fall within the category of internal communications, however, only in regards to some of the information is the public interest in making the information available outweighed by that in maintaining the exception. I have therefore concluded that the information should be released subject to the exclusion of specific information relating to providing frank and free policy advice to Ministers for the purposes of internal debate and deliberation.

In this regard, please find ‘Single Building Assessment And Cladding Remediation Fund Update’ briefing notes, with the relevant redactions, in the attached Annex.

Point 3

In conducting my review, I have found that the statement “24 have secured specialist services from fire engineers and surveyors” was made in reference to the initial Fire/Cladding Risk Assessment and EWS1 survey reports, which were submitted by applicants in support of their Single Building Assessment pilot phase Expression of Interest applications.

Our original response to your request confirmed that exception 10(5)(a) of the EIRs (public safety) applied to this information. I have reviewed this decision and determined that it was incorrect. I have concluded that exception 10(5)(f) applies in this instance on the basis that it is considered likely that disclosure of this information would prejudice substantially the interests of the person who provided this information. The person was not under, and could not have been put under, any legal obligation to supply the information; did not supply it in circumstances such that it could, apart from under the EIRs, be made available; and has not consented to its disclosure. I have therefore concluded that exception 10(5)(f) of the EIRs applies to this information and the information should not be disclosed.

As this exception is conditional I have applied the 'public interest test'. This means I have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the public interest in applying the exception. I have found that, on balance, the public interest lies in favour of upholding the exception. While it is recognised that there is public interest in information about the SBA, this is outweighed by the public interest in ensuring the privacy and safety of the property owners and tenants who have asked for their information to be protected.

In regards to “the notes of contract of specialist services being secured”, I have found that we do not hold this information and did not hold this information when your request was received. I have concluded that exception 10(4)(a) (information not held) therefore applies to this information. Under the terms of this exception, the Scottish Government is not required to provide information which it does not have.

Point 7

Our original response to your request confirmed that exception 11(2) of the EIRs (personal data) applied to the information and the SBA report was thereby withheld in its entirety. I have found that exception 11(2) does apply to the report but only in part.

However, I have also found it is considered likely that disclosure of the SBA report would prejudice substantially the interests of the person who provided this information. The person was not under, and could not have been put under, any legal obligation to supply the information; did not supply it in circumstances such that it could, apart from under the EIRs, be made available; and has not consented to its disclosure. On this basis, I have concluded that exception 10(5)(f) of the EIRs applies to this information and therefore the SBA report should not be disclosed.

As this exception is conditional I have applied the 'public interest test'. This means I have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the public interest in applying the exception. I have found that, on balance, the public interest lies in favour of upholding the exception. While it is recognised that there is public interest in information about the SBA, this is outweighed by the public interest in ensuring the privacy and safety of the property owners and tenants who have asked for their information to be protected.

It is considered likely that disclosing the information requested in points 3 and 7, regardless of the removal of personal/location information, would enable the building/s to be identified as being included in the SBA pilot. This would demonstrably raise the likelihood of the interests of the building/s owners and tenants being substantially prejudiced through increased risks of harm. Financial harm, if the value of the properties is negatively affected or insurance cover is removed; consequent detrimental impacts to the mental health and wellbeing of owners/tenants; and safety risk arising from vandalism and fire-raising at the buildings, which may also impact neighbouring buildings and pose a further risk to life.

Furthermore, the expression of interest submission process, for inclusion in the SBA pilot, included a privacy notice. This confirmed the information provided would only be used for the purpose of developing the SBA process and would only be shared with relevant authorities, such as the Scottish Fire and Rescue Service, if life safety issues were identified. The information was therefore provided voluntarily but only on the basis of the privacy notice.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

EIR - 202200308093 - Annex

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