Information on implementation of the Named Person policy: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


FOI reference: FOI/18/02146  
Date received: 10 August 2018
Date responded: 20 September 2018
 
Information requested
You asked for The Named Person policy is currently being implemented across Scotland on a policy basis. Please provide information on:
 
a. Which local authorities have implemented the policy so far
b. What training is being provided to accompany implementation of the scheme – with reference to specific documents, videos or audio resources
c. What legal advice has being given in relation to the named person service
 
Please also provide information on:
 
d. The cost of training related to the named person service since 2012
e. The cost of legal advice related to the named person service since 2012
f. The impact of these costs on the Scottish taxpayer
 
You then provided clarification to point c and f as follows:
In relation to point c., I would like to know both what legal advice has been received by the Scottish Government and what advice has been provided by the Scottish Government.
In relation to point f., I would like to amend it to read 'How much taxpayer money has been dedicated to the Named Person scheme, GIRFEC and associated policies?'
 
Response

I shall respond to each point of your request sequentially.

a. Which local authorities have implemented the policy so far
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. However, you may wish to contact Local Authorities directly to find out this information.
 
b. What training is being provided to accompany implementation of the scheme – with reference to specific documents, videos or audio resources
All of the information that we are currently providing that you have requested is available from the following website:
 
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.  If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
 
c. I would like to know both what legal advice has been received by the Scottish Government and what advice has been provided by the Scottish Government.
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.
 
This exemption is subject to the ‘public interest test’.  Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption.  We have found that, on balance, the public interest lies in favour of upholding the exemption.  We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate.  However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
 
In order to be as helpful as possible I can provide you with the following information which can be found in full at Annex A:
 
Letter from Maree Todd MSP regarding Information Sharing and Child Protection.
Letter from the Information Commissioner’s Office regarding the Supreme Court Judgement and the Children and Young People Act 2014.
 
d. The cost of training related to the named person service since 2012
e. The cost of legal advice related to the named person service since 2012
All of the information that you have requested is available from the following 2 Freedom of Information responses which are available on the following website. /publications/foi-18-01704/
 
f. How much taxpayer money has been dedicated to the Named Person scheme, GIRFEC and associated policies?
All of the information that you have requested is available from the following Financial Memorandum of the Children and Young People Bill is available on the following website http://www.parliament.scot/ResearchBriefingsAndFactsheets/S4/SB_13-59.pdf
 
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

foi-18-02146 Annex

Contact

Please quote the FOI reference
 
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000
 
The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG
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