Materials and communications related to funding made available to local authorities: FOI release

Information requested

• All materials relating to, regarding, discussing or referring to the £186.5m made available to local authorities, announced in a joint statement from COSLA and the Scottish Government on December 10.
• All communications between the Scottish Government, government officials, or officers and individual local authorities relating to the terms, expectations, distribution, allocated amounts, or any other details about the £186.5m fund referenced above.
• This includes letters sent to local authorities asking them to uphold certain terms, attain certain teacher numbers, or any other relevant discussion.
• I know some of these letters exist because it appears one was released here as part of another FOI ref 202400415153.

We sought a point of clarification with regard to your reference to FOI 202400415153, asking whether you wished information relating only to the allocation of funding for 2025-26 (i.e. the £186.5m) or information relating to previous years funding (i.e. the £145.5m).

You responded on 6 February, confirming that your request related to the 2025-26 funding.

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 25(1), 29(1)(a), 29(1)(b), 30(b)(i), 30(b)(ii), 36(1), 38(1)(a) and 38(1)(b) of FOISA apply to that information.

Some of the information you have requested is publicly available, and I have inserted relevant links to this information into the Index of Enclosures. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Exemptions under sections 29(1)(a) (formulation or development of government policy), section 29(1)(b) (Ministerial communications, section 30(b)(i) (substantial inhibition of free and frank provision of advice) and section 30(b)(ii) (substantial inhibition of free and frank exchange of views for the purposes of deliberation) of FOISA applies to some of the information you have requested.

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 some public interest in release. However, given the active environment in which this policy is progressing, this is outweighed by the public interest in upholding application of exemption at this time.

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

An exemption under section 38(1)(a) or 38(1)(b) of FOISA (personal information) applies some of the information requested because it is personal data (e.g. names and contact details) 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.

With regard to funding in 2024-25 and in previous years (the £145.5 million). Following the reduction in teacher numbers evidenced in the census published in December 2023, funding for 2024-25 was originally proposed to be distributed via Specific Revenue Grants (SRGs). As you will be aware, a number of local authorities did not maintain numbers, with a further reduction evidenced in the December 2024 census. As part of the agreement with local authorities, announced on 10 December 2025, it was confirmed that the 2024-25 tranche of funding would be released in full. As your enquiry relates to the £186.5 million, information relating to the £145.5 million has, in most cases, been redacted as out of scope.

With regard to funding for 2025-26. As part of the agreement announced on 10 December, funding was increased to £186.5 million. The allocation of this funding is conditional on a range of joint commitments, as articulated in the agreement. As your enquiry relates specifically to the £186.5 million funding, most, but not all, references to these commitments within the index of enclosures have been redacted as out of scope.

As a point of further clarification, I would add that information containing tabulated references to the £186.5 million was identified, considered and deemed out of scope. This information relates solely to the Scottish Government’s internal accounting procedures rather than to the funding itself.

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.

FOI 202500449645 - Information released - Index of Enclosures

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