Two Child Benefit cap data sharing: FOI release

Information requested

All communications from December 1st 2024 onwards between the UK Government and Scottish Government (both ways) on the issue of data sharing in relation to the SG policy of scrapping the two child benefit cap.

Response

I enclose a copy of some of the information you requested.

Some of the information you have requested is available from https://www.gov.scot/publications/two- child-limit-letter-to-uk-government/. 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.

I would also refer you to the following similar Freedom of Information requests which we have responded to on 31 January 2025 https://www.gov.scot/publications/foi-202500447250/ and 17 February 2025 https://www.gov.scot/publications/foi-202500448778/.

While our aim is to provide information whenever possible, in this instance we are unable to provide information you have requested because exemptions under sections s.28(1) Relations within the UK, s.29(1)(a) (policy formulation), s.38(1)(b) (personal information) of FOISA apply to that information.

Section 38(1)(b) exemptions cover personal information of individuals that is not held in the public domain. 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.

Section 28(1) in this case covers communications between the UK and the Scottish Government that is not yet in the public sphere; or relates to discussions of matters that fall under Section 29(1)(a) where Scottish Government policy is still being formulated. 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 because of interest in open and transparent government.

However, this is outweighed by the public interest in officials being free to discuss matters that are all related to early policy development where the space to have private discussions is essential.

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 202500455384 - Information Released - Annex

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