Internal communications relating to expansion of free school meals: FOI review

Information requested

Any internal Scottish Government communications (including emails, text or WhatsApp messages, typed or handwritten notes) on the subject of the policy of the expansion of free school meal provision for primary school pupils from 2022. I would like this information from 20 October 2020 to 27 November 2020.

I understand that all information held that is relevant to my request has been exempted under sections 29(1)a, 29(1)c, 27(1), 30(b)(ii) and 30(c) of the FOISA. I would be grateful if you could review whether the public interest test has been applied correctly in relation to this information as I feel that an exemption applied to all relevant information held in this manner is potentially disproportionate.

Response

I have now completed my review of your request, and I have concluded that the original response should be confirmed with modifications. I have been mindful of our duty under FOISA to provide advice and assistance, and I have offered further explanation to you in my response where I considered it may be helpful to clarify how your request was handled.

In conducting my review I have considered all of the withheld information afresh. I have concluded that some of the information can be disclosed as it did not fall within an exemption. This information is described in the schedule below and has been provided in Annex B.

Enclosure 1 - Email: Re: Urgent Free School Meals - Universal Provision to all Primary

Enclosure 2 - Email: Re: Urgent Free School Meals - Universal Provision to all Primary

Enclosure 3 - Email: RE: DFM Briefing Request - FSM - By Monday 2 Nov

Enclosure 4 RE: Urgent: Free School Meals - Universal Provision to all primary

Enclosure 5 Recession – future financial impact to families

Enclosure 6 RE: DFM Briefing Request - FSM - By Monday 2 Nov

Enclosure 8 RE: DFM Briefing Request - FSM - By Monday 2 Nov   Enclosure 9 RE: DFM Briefing Request - FSM - By Monday 2 Nov

Enclosure 10 DFM Briefing Request - FSM - By Monday 2 Nov

Enclosure 11 Email RE: FSM advice –comments

Enclosure 12 - Email: FW: DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice - Please comment by 11am Tuesday 3 Nov

Enclosure 13 - FW: DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice - Please comment by 11am Tuesday 3 Nov

Enclosure 14 DFM Briefing Request - FSM - By Monday 2 Nov

Enclosure 16 – Email: RE: DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice - Please comment by 11am Tuesday 3 Nov

Enclosure 17 – Email: RE: DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice - Please comment by 11am Tuesday 3 Nov

Enclosure 18 – Email: RE: DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice - Please comment by 11am Tuesday 3 Nov

Enclosure 20 Email RE: DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice

Enclosure 21 DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice - Please comment by 11am Tuesday 3 Nov

Enclosure 22 DFM Briefing Request - FSM and Breakfast Clubs - Draft Advice - Please comment by 11am Tuesday 3 Nov

Enclosure 24 – Email: RE: DFM Briefing Request - Universal Free School Meals and Breakfast Clubs in primary schools - For your Review

Enclosure 25 – Email: RE: DFM Briefing Request - Universal Free School Meals and Breakfast Clubs in primary schools - For your Review

Enclosure 26 - Email: RE: DFM Briefing Request - Universal Free School Meals and Breakfast Clubs in primary schools - For your Review

Enclosure 27- Email: RE: DFM Briefing Request - Universal Free School Meals and Breakfast Clubs in primary schools - For your Review

Enclosure 28- Email: RE: DFM Briefing Request - Universal Free School Meals and Breakfast Clubs in primary schools - For your Review

Enclosure 30 – Email: RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 30 (a) – attachment to document 30 email of 04/11/20 @ 17.40

Enclosure 31 - Email: RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 32 – Email: RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 33 – Email: RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 35 – Email: FW: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 36 Email RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 37 RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 38 Email RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

Enclosure 39 Email RE: DFM Briefing Request - Free School Meals and Breakfast Clubs

I have also determined that we were not entitled to apply an exemption under section 29(1)(c) but having reconsidered the information previously withheld under this exemption, I have concluded that this information remains exempt from disclosure under section 36(1) (legal advice). The reason why this exemption applies is set out in Annex A.

I have also given further consideration to the information previously withheld under section 27(1) (intended for future publication) and having reconsidered the information previously withheld under this exemption, have determined that we were not entitled to apply that exemption. I have concluded that this information remains exempt from disclosure under section 30(b)(ii) free and frank provision of advice or exchange of views. The reason why this exemption applies is set out in Annex A.

However, I am satisfied that exemptions under section 29(1)(a) (formulation or development of government policy), and section 30(b)(i) and (ii) (free and frank advice and exchange of views) and section 30(c) (effective conduct of public affairs) continue to apply to most of the information you have requested. I am also satisfied that the public interest lies in favour of upholding the exemption where these exemptions apply to the remaining information which has been withheld. I acknowledge that our initial response did not set out a detailed explanation of why we consider each of these exemptions apply or detail our public interest considerations in each instance. I have therefore set out the reasons why each exemption applies in Annex A.

Finally, I have concluded that some of the information you have requested is exempt from disclosure under section 38(1)(b) (personal information). Again, I have set out the reason why this exemption applies in Annex A. 

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FOI202100135539 - Annex A & B

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