Anti-Racism in Education Programme sub-group minutes: FOI release

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

Information requested

“The minutes to the sub-groups of the Anti-Racism in Education Programme from 2021 to the present day? That is:

a) Curriculum Reform.

b) Racism and Racist Incidents.

c) Education Leadership and Professional Learning.

d) Diversity in the teaching profession and education workforce.”


I enclose a copy of most of the information that you have requested. Whilst our aim is to provide information wherever possible, in this instance we are unable to provide some of the information you have requested because an exemption under sections 38(1)(b) and 30(b)(i) of FOISA applies. The reason why these exemptions apply is explained in an annex to this letter.

For awareness it is our intention that all minutes related to the work of the Anti-Racism in Education Programme’s working groups will be published in future. These will be able to be found at Anti-Racism in Education Programme - (


An exemption applies
An exemption under s.38(1)(b) of FOISA applies to some of the information that you have requested. The information that has been withheld is the identifying personal information of attendees at workstream meetings that are not part of the formal membership of the working groups or Programme Board, or are between bands A and C within the Scottish Government or one of its agencies, and so have a reasonable expectation of anonymity. The fact that their names and personal information have been withheld should not diminish from the value of the information provided.

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.

An exemption applies under s.30(b)(i) of FOISA applies to a very small part of the information that you have requested. This can be found on the 5th page of the document marked Document 24.Minutes of DiTPEW meeting May 2022. I have indicated the relevant section for ease. The reason that this information has been withheld is that it contains information given in confidence that relates to legal advice and to release such information would significantly impact the future free and frank exchange of views between Scottish Government and key stakeholders, in turn this would impact the ability of Scottish Government to make policy in the education sphere.

This exemption is subject to the Public Interest Test therefore, taking into account all circumstances in 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 it ensures that engagement between key stakeholders and the process by which policy is made remains transparent however it is in the public interest that policy making in the area of anti-racism continue unhindered and that stakeholders are confident and able to share confidential information in Scottish Government working groups.

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 202300372644 - Information Released - Documents 26 to 49


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

The Scottish Government
St Andrews House
Regent Road

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