Information

Closure of NHS Tavistock gender identity clinic for children and young people correspondence: FOI release

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


Information requested

"All correspondence (including emails, attachments, typed or handwritten notes, letters, notes/records of phone calls, minutes of meetings, briefings, WhatsApp messages or otherwise) regarding the shutting down of NHS Tavistock's gender identity clinic for children and young people."

Response

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 an exemption under sections 29(1)(a) formulation/development of government policy, 30(b)(i) - free and frank provision of advice and 30b(ii) - free and frank exchange of views and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below and in the Annex to this letter.

An exemption under section(s) 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names, contact details and e-mail addresses 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. Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. Some of the information is exempt under Section 29(1)(a) as it relates to the formulation or development of government policy.

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 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 also public interest in ensuring that policy officials can deliberate or explore policy matters freely until an agreed position is reached, in this case which outweighs a full release.

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.

FOI 202200314449 - Information Released - Annex

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

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