Publication - FOI/EIR release

Scottish Government hybrid working policy: FOI release

Published: 12 June 2025
Directorate: Communications and Ministerial Support Directorate
Topic: Public sector, Work and skills
FOI reference: FOI/202500465073
Date received: 7 May 2025
Date responded: 5 June 2025

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

“Can I please all communications between all directorate directors and permanent secretary regarding the Scottish Government new hybrid working policy.

Can I also have copies of all assessments, including, but not limited to, fairer scotland duty impact assessment, equality and human rights impact assessment, island communities impact assessment, child rights and well being impact assessment, undertaken by Scottish Government with regard to the hybrid working policy.

Can I also have all communications between the hybrid working review team and the permanent secretary and/or executive team which outlines the new hybrid working policy and recommendations for it”.

Response

I enclose a copy of most of the information.

Firstly, you requested a copy of all communications between all Directorate Directors and the Permanent Secretary regarding the Scottish Government’s new hybrid working policy. The policy was announced internally on 7 May 2025. There are no written communications between the Directorate Directors and the Permanent Secretary on the new hybrid working policy.

However on 2 May 2025, the Permanent Secretary did hold a Senior Civil Servant (SCS) call on MS Teams, at which he confirmed to SCS that we would shortly take a decision on the future Scottish Government hybrid working policy. I have included the invite associated with that SCS call at Annex A. Some names have been redacted to protect the identity of colleagues who are not Senior Civil Servants as is standard practice.

Secondly, you requested copies of all assessments, including, but not limited to, Fairer Scotland Duty Impact Assessment, Equality and Human Rights Impact Assessment, Island Communities Impact Assessment, Child Rights and Wellbeing Impact Assessment, undertaken by Scottish Government with regard to the hybrid working policy.

Please note, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have the information are explained below.

The updated policy on hybrid for Scottish Government staff is an internal policy therefore the following impact assessments are not required to be carried out:

Business and Regulatory Impact Assessment
Child Rights and Wellbeing Impact Assessment
Human Rights in Policy Making
Island Community Impact Assessment
Strategic Environmental Assessment
The Consumer Duty

The hybrid policy requires no sharing of personal information therefore a Data Protection Impact Assessment is not required.

An exemption under section 27(1) of FOISA applies to some of the information requested, specifically the Equality Impact Assessment which includes the Fairer Scotland Duty Assessment because we intend to publish this information by the end of July 2025, which is within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release some of this information before the planned publication date.

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 existing interest in public sector workers and their home working arrangements and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

Lastly, you requested all communications between the Hybrid Working Review Team and the Permanent Secretary and/or Executive Team which outlines the new hybrid working policy and recommendations for it.

I enclose a copy of all communications between the Central Hybrid Working Review Team and the Permanent Secretary and/or Executive Team which outlines the new hybrid working policy and recommendations for it. Some names have been redacted to protect the identity of colleagues who are not Senior Civil Servants as is standard practice.

An exemption under section 30(b)(i) and Section 30(b)(ii) of FOISA applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to other officials before the Scottish Government reaches a settled position. Disclosing the content of free and frank advice could substantially inhibit the provision of such advice in the future.

We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to other officials, as part of the process of exploring and refining policy position. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken.

Annex 1: 17 March 2025 – email copy of slides for Executive Team in person session arranged for 18 March 2025 to discuss the hybrid working recommendations.

Email includes 4 attachments

The Executive Team Blue Box Template
Executive Team Hybrid Working recommendation final slides
Executive Team Hybrid Working background material final slides
Executive Team Paper hybrid communication element

Some names have been redacted to protect the identity of colleagues who are not Senior Civil Servants as is standard practice.

Annex 2: 17 April 2025 – email copy for Executive Team decision via Correspondence. Hybrid Working Policy final decision on hybrid policy headlines for Scottish Government and approval for the communications strategy.

Email includes 4 attachments

Executive Team – paper requesting final sign off to settled position April 2025
Executive Team update paper – feedback from Directors
Executive Team update on hybrid working – draft policy statement
Executive Team update on hybrid working – draft SCS communications pack
EXEMPT - Executive Team – exemption under section 30(b)(i) and Section 30(b)(ii)of FOISA has been applied
EXEMPT - Executive Team – exemption under section 27(1) of FOISA has been applied

Some names have been redacted to protect the identity of colleagues who are not Senior Civil Servants as is standard practice.

Annex 3: various dates - redacted emails covering communications between the Central Review Team and the Permanent Secretary and/or Executive Team which outlines the new hybrid working policy and recommendations for it.

Some names have been redacted to protect the identity of colleagues who are not Senior Civil Servants as is standard practice

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