Chief Executive of Social Security Scotland and Cabinet Secretary for Social Justice correspondence: FOI release

Information requested

1. All correspondence between Shirley-Anne Sommerville and David Wallace – Chief Executive of Social Security Scotland since July 2024.

2. All correspondence between Shirley-Anne Sommerville and David Wallace – Chief Executive of Social Security Scotland mention the “the two child cap” since July 2024.

Response

1. All correspondence between Shirley-Anne Sommerville and David Wallace – Chief Executive of Social Security Scotland since July 2024.

In relation to Question 1, I enclose a copy of most 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 section 38(1)(b), section 30(c) and section 30(b)(ii) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Exemptions under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party 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.

Exemptions under section 30(b)(ii) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views. This recognises the need for officials to have a private space in which to conduct frank discussion. This private and safe thinking space is essential to enable all options to be properly considered based on the best available advice so that good decisions can be taken. Premature disclosure is likely to undermine the free and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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, transparent and accountable government. However, this is outweighed by the public interest in allowing a private and safe thinking space within which officials can conduct frank discussion.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information you have requested. 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 a public interest in disclosing information as part of open, transparent and accountable government. However, this is outweighed by the public interest in protecting the processes for financial management and ensuring that the Scottish Government is able to conduct this effectively.

2. All correspondence between Shirley-Anne Sommerville and David Wallace – Chief Executive of Social Security Scotland mention the “the two child cap” since July 2024.

In relation to Question 2, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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 https://www.gov.scot/foi-responses.

FOI 202500455135 - Information released - Extract

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