The Hamilton School and Nursery complaint: FOI release

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

Information requested

All information that relates to The Hamilton School and The Hamilton School Nursery during the years of 2012 to the present time.
In particular:
1. A letter/email of complaint to Education Scotland from a parent of The Hamilton School, describing that parent’s opinion of the behaviour of Inspectors from Education Scotland, in particular in the school’s car park.
2. The specific letters/emailed response/s from Education Scotland to the complainant.
3. Details of the investigative process that was undertaken by Education Scotland on this matter.
4. Details of the outcome/s and/or action/s taken by Education Scotland as a result of the aforesaid complaint.
5. All risk assessments completed by Education Scotland in relation to decisions to take action to inspect and latterly advise the closure of The Hamilton School.


We intend to release information that was previously held under Section 30(b)(i) (Free and frank provision of advice) and 30(b)(ii) (Free and frank exchange of views) due to the passage of time and as part of an open and transparent government.
While our aim is to provide information whenever possible, in this instance we are unable to do so as some information is exempt under Section 36(1) (Legal advice) and 38(1)(b) (personal information) of FOISA.

The reasons why these exemptions apply are explained in the Annex to this letter.

With regards to the particulars of this request please see below:
1. The letter and email of complaint is included in the documents attached, these were originally contained in response to FOI/16/0692.
2. The specific email letters from Education Scotland to complainant are attached, some documents were originally contained in response to FOI/16/0692.
3. Please find attached Education Scotland’s Complaint Handling Procedure. Information can also be found on the Education Scotland website.
4. Details of the outcome and action taken by Education Scotland are included in the complaint response attached, this was originally contained in response to FOI/16/0692.
5. Scottish Ministers asked HM Inspectors to carry out a special inspection of The Hamilton School, in accordance with section 66(1) of the Education (Scotland) Act 1980, and to provide advice to Ministers on the continued operation of the school.
Documents attached are being re-released, originally contained in response to FOI/16/0692.

Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide. 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI-202000034088 Annex - Exemptions


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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