Correspondence regarding Women's Rights Network report about sexual assaults in hospitals: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about the Women's Rights Network report about sexual assaults in hospitals, between March 1 2025 and June 1 2025 https://www.womensrights.network/post/how-safe-are-our-scottish-hospitals
Response
I enclose a copy of some of the information you requested.
While we are able to release some of the correspondence identified as in scope, some information has been redacted where exemptions apply under FOISA.
Please see notice of our decisions below:
An exemption under section 25(1) of FOISA (information otherwise accessible) applies to some of the information requested. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. This information is available via the links below:
https://www.dunfermlinepress.com/news/25052852.fife-third-highest-area-sexual-assaults hospitals/
https://www.sundaypost.com/fp/call-for-action-on-shocking-extent-of-sex-attacks-at-maternity units/
https://www.womensrights.network/post/how-safe-are-our-scottish-hospitals
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 38(1)(b) of FOISA (Third party personal information) applies to some of the information requested. We are not required to provide this manner of information and so we have removed personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation.
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 29(1)(a) (Formulation or development of Government Policy) apply where the information relates to the formulation of government policy or where the information relates to the operation of the Ministerial Private Office.
In applying this exemption, we have considered the public interest test where appropriate. While we recognise that there is a general public interest in openness and transparency, we consider that where we have made redactions, these reflect that on balance, the greater public interest lies in maintaining space for officials to communicate candidly on ongoing and sensitive issues and formulate policy in response to the report.
Exemptions under Section 30(b)(i) (Free and Frank provision of advice) apply where disclosure would, or would be likely to, inhibit the free and frank provision of advice
In applying this exemption, we have considered the public interest test where appropriate. While we recognise that there is a general public interest in openness and transparency, we consider that where we have made redactions, these reflect that on balance, the greater public interest lies in maintaining space for officials to communicate candidly on ongoing and sensitive issues with the ability to seek clear and open advice from stakeholders.
Exemptions under Section 30(b)(ii) (Free and Frank exchange of views for the purposes of deliberation) apply where disclosure would, or would be likely to, inhibit the free and frank exchange of views between officials on sensitive matters.
In applying this exemption, we have considered the public interest test where appropriate. While we recognise that there is a general public interest in openness and transparency, we consider that where we have made redactions, these reflect that on balance, the greater public interest lies in maintaining space for officials to communicate candidly on ongoing and sensitive issues, exchanging views and opinions freely to make the best decisions.
About FOI
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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG