Education Scotland and Aberdeenshire Council: FOI release

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


Information requested

Request 1: All correspondence (including emails, text messages and any other method of communication) between Education Scotland and office of the Children and Young People's Commissioner Scotland on the issue of child protection, safeguarding and/or children's rights concerns in Scotland, between 01/01/2020 and the date of this request.

Request 2: All correspondence (including emails, text messages and any other method of communication) between Education Scotland and Aberdeenshire Council on the issue of child protection, safeguarding and/or children's right concerns in Scotland, between 01/01/2020 and the date of this request.

Response

Request 1 All correspondence (including emails, text messages and any other method of communication) between Education Scotland and office of the Children and Young People's Commissioner Scotland on the issue of child protection, safeguarding and/or children's rights concerns in Scotland, between 01/01/2020 and the date of this request.

While our aim is to provide information whenever possible, in this instance the information you have requested for all correspondence (including emails and text messages) between Education Scotland and office of the Children and Young People's Commissioner Scotland on the issue of child protection or safeguarding concerns in Scotland, between 1 January 2020 and the date of your request is not held. This is a formal notice under section 17(1) of FOISA that Education Scotland does not have the information you have requested.

Request 2All correspondence (including emails, text messages and any other method of communication) between Education Scotland and Aberdeenshire Council on the issue of child protection, safeguarding and/or children's right concerns in Scotland, between 01/01/2020 and the date of this request.

The information that you have requested is already available on the Scottish Government website up to April 2022 at the following link:

Child protection or safeguarding concerns in Scotland: FOI release - gov.scot (www.gov.scot)

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Please find attached at Annex A, an extract from our safeguarding Data Record Sheet which lists all safeguarding correspondence that Education Scotland has received between the period from August 2022 to the date of your request. However, while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information within the document because an exemption under section 38(1)(b), personal information of FOISA applies because it is personal data of a third party, i.e. names 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.

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 202200329532 - Information released

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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