Publication - FOI/EIR release

The historic and current financing of Equality Network Limited (ENL): FOI review

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

Published:
2 Sep 2019
The historic and current financing of Equality Network Limited (ENL): FOI review
FOI reference: FOI/19/01084
Date received: 2 Jul 2019
Date responded: 29 Aug 2019
Information requested

Information related to to the historic and current financing of Equality Network Limited (ENL) by the Scottish Government and any and all additional funding to organisations and groups related or tied to Trans issues.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review of response to FoI/19/01084. 

I have concluded that the original decision should be confirmed, with modifications.

I am satisfied that the response provided to the majority of your requests was adequate, however we failed to provide notification of the exemptions applied. I have therefore applied these at Annex A. 

In conducting my review, I have also determined that additional information should have been released. This is because the information held within the scope of your request was not fully considered

EQUALITY NETWORK 

1. What is the total amount of funding the Equality Network Limited (ENL), has received from the Scottish Government (SG) since its creation to date?

Original Response 

We only hold some of the information you have requested.  Some of this is available in the public domain, as follows:

For 2015-16, the Equality Network received 230K.  For 2012-15, the Equality Network received £1.354m in funding, which included funding for the Scottish Trans Alliance.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you. 

In addition, Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have  information prior to 2012 because we are not required to hold this information.. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

2. After staff costs, and basic overheads please what funds have been available each year, and on what have they been spent? I assume there is a high level summary statement per year on monies and deliverables. I do not require bulk prose on goals and objectives etc. thank you just totals, high level tangible achievements and deliveries for each year.

Original Response

The Equality Network submit information on this to Companies House, where it is publically available.  Further details can be found at https://www.gov.uk/government/organisations/companies-house.

Review Response

I have determined that additional information should have been released, however we should have applied section 17(1) of FOISA (information not held) which requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the information because we do not hold this information prior to 2012. In addition, I recognise that the financial reports that we do hold are incomplete. I enclose the reports that we do hold which include:

  • Equality Network financial report 2016-17
  • Equality Network – Intersex project - financial report 2017-18
  • Scottish Trans Alliance financial report 2016-17
  • Scottish Trans Alliance financial report 2017-18

We are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

3. What is the total amount of funding the Scottish Transgender Alliance (under its variant names) has received from the SG before this became incorporated as a project (Scottish Trans Alliance Project, STAP) within ENL?

Original Response

See the answer to question 1. For 2015-16, the Scottish Trans Alliance received 125K.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the information because we do not hold this information prior to 2012.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

4. What is the total amount of funding for each of the three projects within ENL from 2000 to date, please totals per project whether directly from the Scottish Government or indirectly via other entities?  

a. Are there additional projects that have been funded?
b. And, to what extent have they been funded (2000 to date)?
c. W
hat was their purpose? And, was it achieved?
d. There is funding for ‘Intersex’ DSDs included yet this is not a sexual orientation or gender identity, I would appreciate any background papers on this decision and funding and the purpose, from last years and this.

Original Response

In addition to funding already mentioned, we provide funding for the Intersex Project.  Details of this are available at https://www.gov.scot/publications/foi-19-00819/.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you. However I have determined that we could also have been more helpful. I have included some additional information below to help you locate the information held.

I have included some additional information below to help you locate the information held. Details of this are available at https://www.gov.scot/publications/foi-19-00819/  - This includes information of all Scottish Government grants made to the Equality Network/STA for work relating to intersex people from 2007/8 onward.  Page 7 – 20 provides the grant offer later for 2015-16; page 33 – 51 provides the grant offer later for 2016-17; page 53 – 65  provides the grant offer later for 2017-18; and page 92 –105  provides grant offer later for 208-19.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information within this publication because it is personal data of a third party, i.e. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

In addition, Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the information because we do not hold this information prior to 2015/16.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

5. Has or does ENL receive public monies through other routes? Other than by direct funding, for example does the Scottish Government pay ENL for training and materials, speaking fees and so on? What has been the total spend to date by category (for what). What is planned spend estimate for 2019/2020?

Original Response

We do not hold this information.   We have not paid the Equality Network to provide training and materials or for speaking fees.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. We do not hold this information because we have not paid the Equality Network to provide training and materials or for speaking fees. 

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

a. James Morton authored Trans guidance for Scottish prisons. What was Morton’s relevant experience? And how was this deliverable agreed and paid for, and by whom?

Original Response

This is a matter for the Scottish Prison Service.  You can contact them at gaolinfo@sps.pnn.gov.uk.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. We do not hold this information because this is a matter for the Scottish Prison Service. 

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

6. How much public funding has/will the ENL receive in total for 2019/2020 from the Scottish Government? And, what is this for?

Original Response

This information is available at https://www.gov.scot/publications/equality-national-intermediary-bodies-funding-2017-2020/.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you.

7. Also, the details of any ring fencing and specific goals or objectives placed on the 2019/2020 funding.

Original Response

The 2017/20 application for the organisation is attached.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

We are unable to provide a small amount of information which has been redacted from the application because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

 a. Are any requirements placed by the government on staff, for example: qualifications, work experience, complete background checks (not simply disclosures) as they emphasis children and young people on their sites and in statements?

Original Response

A copy of grant conditions placed upon organisations are attached.

Review Response 

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

We are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

b. Please may I have copies of staff experience and qualifications and/or a copy of the contract for services or funding which would hopefully have specified expected levels of professional qualification, research and analysis experience, general work experience and proven expertise for consultants/consultancy, and others.  (I have to date not been able to identify a single degree or scientific/analytical/legal experience for any ENL staff – it cannot simply be they ‘identify as trans’ but they will not confirm or deny).

Original Response

Information about staffing is contained in the Equality Network and Scottish Transgender Alliance’s applications for 2017 to 2020, which are attached.

Review Response 

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

We are unable to provide a small amount of information which has been redacted from the Equality Network and Scottish Transgender Alliance’s applications because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

In addition, we do not hold some of the information requested. The Scottish Government does not require information on qualifications or professional experience within grant applications, we ask for relevant experience to be provided.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

8. A copy of Service Level Agreement summaries/high level  for 2017/2018, and 2018/2019 and deliverables.

Original Response

The Scottish Government does not have a Service Level Agreement with the Equality Network.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested.  The Scottish Government does not have the  information you have asked for because we do not have a Service Level Agreement with the Equality Network.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

9. Who approves and signs off ENL funding?

Original Response

Scottish Government funding is signed off by Scottish Ministers.

Review Response

I can confirm I am satisfied with the response provided. I have considered the points raised in the request for review and have concluded that in relation to this part I am upholding the decision.

Scottish Government Ministers hold collective responsibility for all grant funding across Scottish Government. 

10. Who/where is responsible for independent review and assessment and validation of ENL; its performance, deliverables, achievements, safeguarding, expertise, best practice, and so on?

a. Most important who is the individual responsible for reviewing their research output?  (About which I have questions.)  
b.
And if no one is doing so, how is this rationalised and supported? 

Original Response

This is for ENL’s board of trustees.   In addition, as the Equality Network is a registered charity, regulation issues are under the Office of the Charity Regulator for Scotland.  More information on their role can be found at https://www.oscr.org.uk/.

(a) and (b) The Scottish Government is not responsible for ENL. This is a matter for the organisation.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the  information you have asked for because this is for ENL and ENL’s board of trustees

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

11. Are there year-end review reports or assessments of performance? I would appreciate the most recent.

Original Response

Annual reports are the responsibility of the organisation.   In relation to the Equality Network and the Scottish Trans Alliance, the Scottish Government does not conduct formal reviews or assessments of performance in the manner outlined.  We do not therefore hold any information in this regard.

Review Response

I have determined that additional information should have been released. Please see attached documents which provides the most recent performance report against the Scottish Government funding provided for the Equality Network and the Scottish Trans Alliance.

However we are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

12. Who determines value for money?

Original Response

The Scottish Government considers a range of factors when making decisions on funded projects, including value for money.

Review Response

I can confirm I am satisfied with the response provided. I have considered the points raised in the request for review and have concluded that in relation to this part I am upholding the decision.

13. What is the estimated total cost of the Self-identification Consultation from initiation to date?

Original Response

There is an estimate of the costs of carrying out, analysing and publishing that consultation at https://www.gov.scot/publications/foi-18-03563/, including an estimate of staff salaries of those primarily involved in the preparation and publication of the consultation.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you. However I have determined that we could also have been more helpful. I have included some additional information below to help you locate the information held.

There is an estimate of the costs of carrying out, analysing and publishing that consultation at https://www.gov.scot/publications/foi-18-03563/, including an estimate of staff salaries of those primarily involved in the preparation and publication of the consultation.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the full cost information of drafting and finalising the content of the consultation. Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested for the reasons outlined below:

  •  In addition to work carried out by officials in the Family Law team which is part of the Justice Directorate, development and drafting of the gender recognition consultation required the involvement of a number of policy areas within Scottish Government and in some public bodies, including from: the Equality Unit (a team in Scottish Government); Communities Analytical Services (a team in Scottish Government); Scottish Government Human Resources; National Records of Scotland; the Scottish Public Pensions Agency; and  NHS National Services Scotland.
  • There is no business need to record the time officials working across the Scottish Government have spent specifically assisting in the preparation of individual consultations. In addition, officials in the Family Law team report to a Senior Civil Servant. Again, there is no business requirement to record the proportion of management time they spend on each specific area with their portfolio. 
  • Information about the Family Law team’s estates costs is not held as these costs are part of the wider Scottish Government estate and are not disaggregated to team level. 

The Scottish Government does not have the  information you have asked for because the Scottish Government does not hold this information.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested

14. What is the estimated total cost of S5M-10159 Gender Representation on Public Boards Act (2018) from initial discussions to being made law?

Original Response

Estimated costs are included within the Financial Memorandum for the Act, which can be found at https://www.parliament.scot/parliamentarybusiness/Bills/105197.aspx

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you.

I then ask for the same or similar information (1-11) for every other organisation of group that the Scottish Government supports fully or in part that focuses on, emphasises or is in anyway tied to Trans issues, services, consultancy and support.

Original response

You subsequently clarified that you were looking for information on Stonewall Scotland and LGBT Youth Scotland.  Information on Stonewall Scotland is at Annex A and information on LGBT Youth Scotland is at Annex B.  Questions 3, 4, and 5a do not appear to be relevant to these organisations.  Questions 6, 7a, 8, 9, 10 and 11 for both organisations is the same answer as above.

Review Response

I am satisfied with how the response to the request for clarification was dealt within the final response. However, for clarity and due to the exemptions applied and additional information released, I have also included a response to questions 6, 7a, 8, 9, 10 and 11 for both Stonewall Scotland and LGBT Youth Scotland.

STONEWALL SCOTLAND

1. What is the total amount of funding Stonewall Scotland has received from the Scottish Government (SG) since its creation to date?

Original Response

Some of this is available in the public domain, as follows:

For 2015-16, Stonewall Scotland received £100K in funding.  For 2012-15, Stonewall Scotland received £250K in funding.

Review Response 

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you. 

In addition, Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have  information prior to 2012 because we are not required to hold this information.. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

2. After staff costs, and basic overheads please what funds have been available each year, and on what have they been spent? I assume there is a high level summary statement per year on monies and deliverables. I do not require bulk prose on goals and objectives etc. thank you just totals, high level tangible achievements and deliveries for each year.

Original Response

Stonewall Scotland are part of the UK-wide organisation Stonewall, who submit information on this to Companies House, where it is publically available.  Further details can be found at https://www.gov.uk/government/organisations/companies-house.

Review Response

I have determined that additional information should have been released, however we should have applied section 17(1) of FOISA (information not held) which requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the information because we do not hold this information prior to 2012. In addition, I recognise that the financial reports that we do hold are incomplete. I enclose the reports that we do hold which include:

  • Stonewall Scotland financial report 2016-17 

We are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

5. Has or does Stonewall Scotland receive public monies through other routes? Other than by direct funding, for example does the Scottish Government pay Stonewall Scotland for training and materials, speaking fees and so on? What has been the total spend to date by category (for what). What is planned spend estimate for 2019/2020?

Original Response 

The Scottish Government has been a member of Stonewall’s Diversity Champions Programme since 2012. In addition, in 2013/14, 2015/16 and 2016/17 we funded Stonewall to deliver in-house their Role Models and Allies programmes. The total costs for membership to 2022 and these programmes is £46,920.

Review Response

I can confirm I am satisfied with the response provided. I have considered the points raised in the request for review and have concluded that in relation to this part I am upholding the decision. 

6. How much public funding has/will Stonewall Scotland receive in total for 2019/2020 from the Scottish Government? And, what is this for?

Original Response 

This information is available at https://www.gov.scot/publications/equality-national-intermediary-bodies-funding-2017-2020/.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you.

7. Also, the details of any ring fencing and specific goals or objectives placed on the 2019/2020 funding. 

Original Response 

The 2017/20 application for the organisation is attached.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

We are unable to provide a small amount of information which has been redacted from the application because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

a. Are any requirements placed by the government on staff, for example: qualifications, work experience, complete background checks (not simply disclosures) as they emphasis children and young people on their sites and in statements?

Original Response

A copy of grant conditions placed upon organisations are attached.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

We are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

a. Please may I have copies of staff experience and qualifications and/or a copy of the contract for services or funding which would hopefully have specified expected levels of professional qualification, research and analysis experience, general work experience and proven expertise for consultants/consultancy, and others.

Original Response

Information about staffing is contained in Stonewall Scotland’s application for 2017 to 2020, which is attached.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

We are unable to provide a small amount of information which has been redacted from Stonewall Scotland’s applications because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

In addition, we do not hold some of the information requested. The Scottish Government does not require information on qualifications or professional experience within grant applications, we ask for relevant experience to be provided.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

8. A copy of Service Level Agreement summaries/high level  for 2017/2018, and 2018/2019 and deliverables.

Original Response

The Scottish Government does not have a Service Level Agreement with Stonewall Scotland.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested.  The Scottish Government does not have the information you have asked for because we do not have a Service Level Agreement with Stonewall Scotland. 

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

9. Who approves and signs off ENL funding? 

Original Response 

Scottish Government funding is signed off by Scottish Ministers.

Review Response

I can confirm I am satisfied with the response provided. I have considered the points raised in the request for review and have concluded that in relation to this part I am upholding the decision. 

Scottish Government Ministers hold collective responsibility for all grant funding across Scottish Government. 

10. Who/where is responsible for independent review and assessment and validation of Stonewall Scotland; its performance, deliverables, achievements, safeguarding, expertise, best practice, and so on?

a. Most important who is the individual responsible for reviewing their research output?  (About which I have questions.)
b.
And if no one is doing so, how is this rationalised and supported? 

Original Response 

This is for Stonewall Scotland’s board of trustees.   In addition, as Stonewall Scotland is a registered charity, regulation issues are under the Office of the Charity Regulator for Scotland.  More information on their role can be found at https://www.oscr.org.uk/.

(a) and (b) The Scottish Government is not responsible for Stonewall Scotland. This is a matter for the organisation.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the  information you have asked for because this is for Stonewall Scotland and Stonewall Scotland’s board of trustees  

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

11. Are there year-end review reports or assessments of performance? I would appreciate the most recent.

Original Response

Annual reports are the responsibility of the organisation.   In relation to the Stonewall Scotland, the Scottish Government does not conduct formal reviews or assessments of performance in the manner outlined.  We do not therefore hold any information in this regard.

Review Response

I have determined that additional information should have been released. Please see attached document which provides the most recent performance report against the Scottish Government funding provided.

However we are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

LGBT YOUTH SCOTLAND

1. What is the total amount of funding LGBT Youth Scotland, has received from the Scottish Government (SG) since its creation to date?

Original Response

We only hold some of the information you have requested.  Some of this is available in the public domain, as follows:

For 2015-16, LGBT Youth Scotland received 260K in funding.  For 2012-15, LGBT Youth Scotland received £780,034 in funding. 

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you. 

In addition, Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have  information prior to 2012 because we are not required to hold this information.. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Finally, there is an additional funding stream that should have been brought to your attention:

2. After staff costs, and basic overheads please what funds have been available each year, and on what have they been spent? I assume there is a high level summary statement per year on monies and deliverables. I do not require bulk prose on goals and objectives etc. thank you just totals, high level tangible achievements and deliveries for each year.

Original Response

LGBT Youth Scotland submit information on this to Companies House, where it is publically available.  Further details can be found at https://www.gov.uk/government/organisations/companies-house.

Review Response

I have determined that additional information should have been released, however we should have applied section 17(1) of FOISA (information not held) which requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the information because we do not hold this information prior to 2012. In addition, I recognise that the financial reports that we do hold are incomplete. I enclose the reports that we do hold which include:

  • LGBT Youth Scotland – financial report 2013-14
  • LGBT Youth Scotland – financial report April to June 2014
  • LGBT Youth Scotland – financial report 2014-15
  • LGBT Youth Scotland – CYPEDA - financial report 2015-16
  • LGBT Youth Scotland – financial report 2016-17
  • LGBT Youth Scotland – CYPEDA – financial report April to June 2016

We are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

5. Has or does LGBT Youth Scotland receive public monies through other routes? Other than by direct funding, for example does the Scottish Government pay ENL for training and materials, speaking fees and so on? What has been the total spend to date by category (for what). What is planned spend estimate for 2019/2020?

Original Response

We do not hold this information.   To the best of my knowledge, we have not paid LGBT Youth Scotland to provide training and materials or for speaking fees.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. We do not hold this information because we have not paid the Equality Network to provide training and materials or for speaking fees.  

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

6. How much public funding has/will LGBT Youth Scotland receive in total for 2019/2020 from the Scottish Government? And, what is this for?

Original Response

This information is available at https://www.gov.scot/publications/equality-national-intermediary-bodies-funding-2017-2020/.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

Under Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) we do not have to give you information which is already reasonably accessible to you.

7. Also, the details of any ring fencing and specific goals or objectives placed on the 2019/2020 funding. 

Original Response 

The 2017/20 application for the organisation is attached.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

We are unable to provide a small amount of information which has been redacted from the application because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

a. Are any requirements placed by the government on staff, for example: qualifications, work experience, complete background checks (not simply disclosures) as they emphasis children and young people on their sites and in statements?

Original Response 

A copy of grant conditions placed upon organisations are attached.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:

We are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

b. Please may I have copies of staff experience and qualifications and/or a copy of the contract for services or funding which would hopefully have specified expected levels of professional qualification, research and analysis experience, general work experience and proven expertise for consultants/consultancy, and others.

Original Response 

Information about staffing is contained in the LGBT Youth Scotland’s application for 2017 to 2020, which is attached 

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below:  

We are unable to provide a small amount of information which has been redacted from LGBT Youth Scotland’s applications because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

In addition, we do not hold some of the information requested. The Scottish Government does not require information on qualifications or professional experience within grant applications, we ask for relevant experience to be provided.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

8. A copy of Service Level Agreement summaries/high level  for 2017/2018, and 2018/2019 and deliverables.

Original Response 

The Scottish Government does not have a Service Level Agreement with LGBT Youth Scotland.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested.  The Scottish Government does not have the  information you have asked for because we do not have a Service Level Agreement with LGBT Youth Scotland. 

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

9. Who approves and signs off ENL funding? 

Original Response 

Scottish Government funding is signed off by Scottish Ministers.

Review Response

I can confirm I am satisfied with the response provided. I have considered the points raised in the request for review and have concluded that in relation to this part I am upholding the decision. 

Scottish Government Ministers hold collective responsibility for all grant funding across Scottish Government.  

10. Who/where is responsible for independent review and assessment and validation of Stonewall Scotland; its performance, deliverables, achievements, safeguarding, expertise, best practice, and so on?

a. Most important who is the individual responsible for reviewing their research output?  (About which I have questions.) 
b. And if no one is doing so, how is this rationalised and supported? 

Original Response 

This is for LGBT Youth Scotland’s board of trustees.   In addition, as LGBT Youth Scotland is a registered charity, regulation issues are under the Office of the Charity Regulator for Scotland.  More information on their role can be found at https://www.oscr.org.uk/.

(a) and (b) The Scottish Government is not responsible for LGBT Youth Scotland’s. This is a matter for the organisation.

Review Response

In responding to your request we should have provided formal notification of the exemptions we applied. I apologise for this oversight and have provided this notification below: 

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the  information you have asked for because this is for LGBT Youth Scotland and LGBT Youth Scotland’s board of trustees 

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

11. Are there year-end review reports or assessments of performance? I would appreciate the most recent.

Original Response 

Annual reports are the responsibility of the organisation.   In relation to the LGBT Youth Scotland, the Scottish Government does not conduct formal reviews or assessments of performance in the manner outlined.  We do not therefore hold any information in this regard.

Review Response

I have determined that additional information should have been released. Please see attached document which provides the most recent performance report against the Scottish Government funding provided. 

However we are unable to provide a small amount of information which has been redacted from the grant conditions because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. This applies because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG