Correspondence between SQA and Scottish Government regarding appeals process: FOI Release

Information requested

All communication between the SQA and Scottish Government (ministers, special advisers, learning directorate officials) regarding / referring to the appeals system for 2021 results, the details of which have now been published on the SQA website: https://www.sqa.org.uk/sqa/79049.html

The time frame for this request is 1/3/2021 - 2/6/2021

Response

I attach a copy of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under sections 25(1) (publicly available information), 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views for the purposes of deliberation), 30(c) (effective conduct of public affairs), 36(1) (legal advice) or 38(1)(b) (personal information) of FOISA applies to that information.

Some of the information you have requested is available from the Scottish Qualifications Authority (SQA) website – direct links to the information have been provided in the attached Annex. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank provision of advice and exchange of views) apply to some of the information requested. These exemptions have been applied to information around delivery of national qualifications and appeals system and discussions related to establishing that system.

These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation, as part of relationships which remain vital in supporting the delivery of qualifications through the Covid-19 pandemic. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials and other parties in the process before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank advice and views on qualifications and the appeals process will substantially inhibit such discussions in the future, particularly because the ability of Ministers and officials to do this without inhibition is vital in order to deliver or develop the process effectively.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which issues can be explored and refined to enable the Government as a whole to reach a decision that is sound and likely to be effective, particularly while the importance of the advice from these relationships continues to have a bearing how qualifications are affected by Covid-19 going forward. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. This exemption has been applied to operational documents where disclosing this information would be prejudicial to the operational delivery of the qualifications. Disclosing this information would substantially prejudice our ability to deliver qualifications as such elements remain under consideration or impact on ongoing delivery and we would not properly be able to manage risk. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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 a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in delivering the certification of National Qualifications for young people in Scotland and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

An exemption under section 36(1) of FOISA (legal advice) applies to some of the information you have requested. This exemption has been applied to information that outlines legal advice.

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, transparent and accountable government. However, this is outweighed by the public interest in ensuring that the confidentiality of communications is ensured.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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.

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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 - 202100208810 - Information released

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286 page PDF

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2.9 MB