South of Scotland Enterprise (SoSE) documentation: FOI Review

Information requested

Original request 202500454174

• Grant Award Information: Could you clarify what information the Sponsor Team and the Scottish Government (SG) received from SOSE regarding the £200,000 grant award to Laggan Outdoor Ltd? I would appreciate sight of the relevant documents and audit trail.
• Meeting Papers: Please provide access to the meeting papers shared with SG ahead of SOSE’s Audit and Risk Committee meeting on 23 November 2022.
• Communication from SOSE’s Director of Finance: You note that SOSE’s Director of Finance informed the Sponsor Team of SOSE’s decision to approve the grant on 21 December 2022. Could you confirm exactly what information was communicated and the means by which this was conveyed (e.g., email, letter, or other format)? I would appreciate sight of the relevant communication.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review of the Scottish Government’s response to your Freedom of Information request dated 20 February 2025 (ref 202500454174). You asked that the following points be addressed:

Point 1: Public Interest Test for Section 30(b)(ii) and Section 33(1)(b): While I acknowledge the need for officials to deliberate in a private space, there is a strong public interest in transparency regarding public funds particularly in situations such as these where the recipient is a board member of the organisation that is providing the grant. Given the significant public interest in ensuring accountability in the grant approval process, I believe the balance of interest lies in disclosure rather than withholding the information

Point 2: Extent of Redactions: The response does not sufficiently detail the scope of the withheld information or whether partial disclosure (e.g., redacted documents) could be provided. I request a review to determine if greater transparency can be achieved while still protecting genuinely sensitive data.

Point 3: Communication Records: The response states that the decision to award the grant was communicated via an MS Teams video call, with only handwritten notes available. Given the importance of official documentation in grant approvals, I request further clarification on whether any supplementary records, such as internal email correspondence or meeting summaries, exist but were not disclosed.

Point 4: Application of Section 38(1)(b): While I understand the necessity of protecting personal data, I seek confirmation that only information strictly necessary for this purpose has been withheld and that all non-personal information has been provided.

Point 5: Reference to Requested Information in a Complaint Response: I have reason to believe that some of the information I requested was referenced on behalf of the Scottish Government by Claire Coleman in response to my complaint reference number: C0625/S2, which was answered on 18 February 2025. If this information has already been acknowledged or disclosed in another context, I request that it be fully disclosed under FOISA in the interests of consistency and transparency.

I have concluded that the original decision should be confirmed, with modifications.

Please find below my response to each of the points raised:

Point 1: “Public Interest Test for Section 30(b)(ii) and Section 33(1)(b):

I have reviewed the documents released in response to your initial request. In line with the best practice, We have extracted the content which is in scope of your request (attached).

I have considered that 30(b)(ii) of FOISA and 33(1)(b) of FOISA is not applicable, however, I do still consider that this information is sensitive and I have concluded that the most appropriate exemption is 30(c ) of FOISA’.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing the content of these communications, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly when this is sensitive information that was shared in relation to seeking a grant and they would not expect this information to be disclosed. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed decisions.

Disclosing this information would substantially prejudice our ability to fulfil our role in the sponsorship of South of Scotland Enterprise because relevant information may be withheld in future. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. I have found that, on balance, the public interest lies in favour of upholding the exemption. I recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting our ability to undertake the sponsorship of South of Scotland Enterprise and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

Point 2: Extent of Redactions:

Comments at Point 1 relating to redactions refer. I have reviewed the document searches for the original FOI reference 202500454174, and Complaint Ref C0625/S2. After undertaken a further search one additional document has been found; South of Scotland Enterprise’s Flash Brief relating to 21-24 November. This is a regular briefing prepared by SOSE for Scottish Government Ministers and the relevant extract from that document is attached.

Point 3: Communication Records:

I have reviewed the document searches for the original FOI reference 202500454174, and Complaint Ref C0625/S2. I am satisfied that appropriate searches were carried out and that all relevant documents discovered as a result of those searches have been released. In relation to the communication via an MS Teams video call, we can find no evidence of supplementary records beyond the handwritten note, which has been shared with you as part of your original response.

Point 4: Application of Section 38(1)(b):

I have reviewed the application of this exemption and have made some adjustments in the information released. As a result, the exemption has not been applied to information relating to SOSE Senior Officers and Board Members whose role is currently publicly available. I have attached the updated document with this response.

However, some names remain redacted as they relate to junior officials or people who have left the organisation.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information 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.

Point 5: Reference to Requested Information in a Complaint Response:

I have dealt with the treatment of the Audit and Risk Committee request at Point 1. This is the only documents mentioned in the Complaints Response which falls within the scope of the subsequent FOI request 202500454174. The request for additional documents is being taken forward as a separate FOI request.

I have discussed the outcome of my review with the original case handlers, who are pleased to incorporate learning into their handling of future requests for information.

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 202500458697 - Information released - Annex

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