Correspondence regarding formulation of home education policy: FOI release

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

Information requested

Agendas, minutes and emails relating to meetings and discussions with the Department for Education in London about the formulation of home education law, policy and guidance in Scotland and EnglandÍž requesting the information dated from 1st September 2021.


I attach a copy of some 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 exemptions under sections 28(1) (relations within the United Kingdom) and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. This exemption relates to the personal information of government officials contained within email exchanges.

An exemption under section 28(1) of FOISA applies to some of the information you have requested.

This exemption relates to the release of information where that information would prejudice the relationship between any administrations of government in the UK. This exemption applies as the release of meeting notes between Scottish Government and the UK government has the potential to harm the working relationship between these administrations.

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 because of the public interest in open and transparent government. However, this is outweighed by the public interest in the free and frank exchange of views between administrations within the UK, and the positive impact that these discussions can have on the development of policy.

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 - 202100263296 - Information Released - Annex


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

The Scottish Government
St Andrews House
Regent Road

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