General Teaching Council for Scotland (GTCS) child protection and safeguarding correspondence: FOI release
- Published
- 27 January 2025
- Directorate
- Learning Directorate
- Topic
- Education, Public sector
- FOI reference
- FOI/202400443517
- Date received
- 4 December 2024
- Date responded
- 13 January 2025
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
All correspondence, agendas and meeting minutes of Jenny Gilruth, Education Minister, and her office, with GTCS apropos child protection and safeguarding.
Please also share all correspondence on this matter shared internally by her civil servants and SPADs.
Response
I enclose 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 s.29(1)(a) (policy formulation), s.30(b)(i) (free and frank provision of advice), s.30(b)(ii) (free and frank exchange of views), s.36(1) (claim to confidentiality of communications) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in this letter.
Reasons for not providing information
Section 29: Formulation of Scottish Administration policy
Section 29(1)(a) of FOISA exempts information from disclosure where disclosure would, or would be likely to, cause substantial harm to the formulation or development of Scottish Government policy.
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 an abiding interest in open and transparent government. However, this is outweighed by the public interest in ensuring policy can be developed through different stages before being agreed and announced.
Exemptions under section s.30(b)(i)&(ii) of FOISA applies to some of the information you have requested.
Section 30: Prejudice to effective conduct of public affairs
Sections 30(b)(i) and 30(b)(ii) of FOISA exempts information from disclosure where disclosure would, or would be likely to, inhibit substantially free and frank provision of advice and free and frank exchange of views for the purposes of deliberation.
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 an abiding interest in open and transparent government. However, this is outweighed by the public interest in maintaining private space to discuss topics at preliminary stages of consideration.
Section 36: Confidentiality
Sections 36(1) of FOISA exempts information from disclosure where information is legally privileged.
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 an abiding interest in open and transparent government. However, this is outweighed by the public interest in ensuring a private space for Ministers to receive and discuss advice from their advisers.
Section 38: Personal Information
Section 38 contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is: (i) the personal data of the person requesting the information (section 38(1)(a)); (ii) the personal data of a third party – but only if other conditions apply (section 38(1)(b)); (iii) personal census information (section 38(1)(c)); or (iv) a deceased person’s health record (section 38(1)(d)). This is not subject to the ‘public interest test’.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
- File type
- File size
- 493.3 kB
Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
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