Scottish Mental Health Law Review questions: FOI Review

Information requested

Question: The Secretariat did promise on 28 June 2022 that it would publish all documents which it had permission to publish. And David Leighton did give permission to publish - see email confirming this via his clerk dated 10 November - contrary to your claim of 8 November that he did not. But his report has not been published. Why has the promise made by the Secretariat not been fulfilled? Are you making the Secretariat and the Executive to be liars who renege on their promises?

Question: The Review Secretariat consisted entirely of Scottish Government employees, working from within St Andrews House, HQ of The Scottish Government. Are you really claiming that these employees no longer have access to the documents which it was their duty to look after while they worked for the Review and were accountable to the Scottish Government and to the Scottish Parliament? If not then where have these electronic documents disappeared to? Have they been destroyed?

Response

I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for your two questions relating to your request for a copy of the report prepared by David Leighton, Advocate, for the Scottish Mental Health and Incapacity Law Review.

In accordance with section 21(4) of FOISA, I have also reached a decision on your request.

We are sorry that your initial request was not responded to within the required timescale. Because of our previous correspondence on the matter we failed to treat your request in the correct manner resulting in the delay and we apologise for this oversight.

I can now provide our response to your original request.

Question: The Secretariat did promise on 28 June 2022 that it would publish all documents which it had permission to publish. And David Leighton did give permission to publish - see email confirming this via his clerk dated 10 November - contrary to your claim of 8 November that he did not. But his report has not been published. Why has the promise made by the Secretariat not been fulfilled? Are you making the Secretariat and the Executive to be liars who renege on their promises?

Answer: There has never has been any intention to mislead. Mr Leighton’s report was not published on the Review website at the conclusion of the Review as at that time, the Secretariat did not have Mr Leighton’s permission to publish. The information contained in this report, however, is fully accessible on the Scottish Mental Health Law Review website, within the resources section of the website, under the June 2022 additional consultation proposals as it formed the basis of this consultation: Scottish Mental Health Law Review – Consultation (closed) June 2022 – Additional Proposals | Scottish Mental Health Law Review.

Question: The Review Secretariat consisted entirely of Scottish Government employees, working from within St Andrews House, HQ of The Scottish Government. Are you really claiming that these employees no longer have access to the documents which it was their duty to look after while they worked for the Review and were accountable to the Scottish Government and to the Scottish Parliament? If not then where have these electronic documents disappeared to? Have they been destroyed?

Answer: The Review published its final report and the Secretariat disbanded on 30 September 2022. The Secretariat were located within and used Scottish Government IT and other facilities etc. However, Secretariat staff access to the Review papers ceased at the conclusion of the Review. This is normal custom and practice when providing secretariat functions to independent bodies. Scottish Government staff do not have access to papers due to the independent nature of the Review.

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.