Fostering a Positive, Inclusive and Safe School Environment guidance information: FOI release

Information requested

You asked for the following information in relation to the Fostering a Positive, Inclusive and Safe School Environment guidance, published on 17 June 2025:

1. A list of all organisations, individuals, or stakeholder groups consulted during the drafting of this guidance.

2. Copies of any consultation responses or feedback submitted by teachers, headteachers, trade unions (e.g. EIS, SSTA, NASUWT), or professional associations.

3. Dates and minutes of any meetings or engagement sessions held with teachers or teacher representatives during the development of the guidance.

4. Any internal correspondence (e-mails, texts, notes, etc) or briefing documents discussing whether teacher consultation was adequate or necessary.

Response

1. A list of all organisations, individuals, or stakeholder groups consulted during the drafting of this guidance.

The guidance was developed by the consequences sub-group of the Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS) and was overseen by SAGRABIS. Membership of these groups can be found here: Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS) - gov.scot. As a result, the following organisations, individuals, or stakeholder groups were consulted during the drafting of the guidance:

Organisations/stakeholder groups:

• Association of Headteachers and Deputes in Scotland (AHDS)
• Association of Directors of Education Scotland (ADES)
• Association of Scottish Principal Educational Psychologists (ASPEP)
• CELCIS
• Connect
• Convention of Scottish Local Authorities (COSLA)
• Early Years Scotland
• Education Scotland
• Education Institute for Scotland (EIS)
• National Association of Schoolmasters Union of Women Teachers (NASUWT)
• Respectme
• Royal College of Speech and Language Therapists
• School Leaders Scotland (SLS)
• Scottish Council of Deans of Education (SCDE)
• Scottish Secondary Teachers’ Association (SSTA)
• Scottish Violence Reduction Unit (SRVU)
• Children and Young People’s Centre for Justice (CYCJ)

Individuals:

• Deputy Head, Stirling High School
• Head Teacher, Brechin High School
• Head Teacher, Douglas Academy
• Head Teacher, Hazelwood ASL School
• Head Teacher, Heathfield Primary School
• Head Teacher, Mearns Castle High School
• Head Teacher, Oban High School
• Head Teacher, Royal High School
• Head Teacher, Saracen Primary School
• Head Teacher, Stonelaw High School

Feedback was sought from members of the Gender Equality Taskforce in Education and Learning, the membership of which can be found here: Gender Equality Taskforce in Education and Learning - gov.scot, and from Together.

2. Copies of any consultation responses or feedback submitted by teachers, headteachers, trade unions (e.g. EIS, SSTA, NASUWT), or professional associations.

For the purposes of this request, ‘professional association’ has been defined as a body for professionals in similar fields whose functions include representing the views of that profession in discussions with other bodies.

I enclose a copy of some of the information you requested attached at the Annex. In some cases, extracted information has been provided.

Feedback received during the below meetings of the consequences sub-group and of the Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS) is available from the Scottish Government website at Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS) - gov.scot. 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.

• 28 November 2024: Meeting of SAGRABIS.
• 11 December 2024: Meeting of consequences subgroup.
• 20 January 2025: Meeting of consequences subgroup.
• 20 January 2025: Meeting of SAGRABIS.
• 19 February 2025: Meeting of consequences subgroup.
• 4 March 2025: meeting of SAGRABIS.
• 19 March 2025: Meeting of consequences subgroup.

An exemption under section 27(1) of FOISA applies to some of the information you have requested, namely feedback received during meetings of the consequences sub-group on 24 April 2025, and the meeting of SAGRABIS on 6 May 2025. These documents are due to be published within 12 weeks of the date of your request. An exemption under section 27(1) of FOISA therefore applies. We consider that it is reasonable to withhold the information until that date, rather than release this routinely published 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 of this information in relation to transparency around the development of guidance, and this will be met by our planned publication.  In the meantime, there is a greater public interest in ensuring that members of the groups involved in these discussions are able to confirm the minutes are an accurate reflection of the discussion.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested.  This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.  This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. The consequences sub-group was formed to provide advice to the Scottish Government on the development of consequences guidance, as set out in its terms of reference. During the course of the development of the guidance, members of the consequences sub-group and the wider SAGRABIS membership provided feedback on multiple drafts of the guidance to support its development. Disclosing the content of the consequences sub-group’s and SAGRABIS members’ feedback on draft versions of guidance will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly given the political and media interest in matters relating to relationships and behaviour in schools. This would be detrimental to ensuring future policy development is informed by those stakeholders with relevant experience in relationships and behaviour.

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, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on relationships and behaviour in schools, including consequences, until the Government as a whole can adopt guidance that is sound and likely to be effective.  This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence, such as that provided by members of the consequences sub-group and SAGRABIS. Disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy-making process, which would not be in the public interest.  There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, namely, name and contact details of individuals, 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.

3. Dates and minutes of any meetings or engagement sessions held with teachers or teacher representatives during the development of the guidance.

Some of the information you have requested for minutes of meetings is available from the Scottish Government website. Feedback received during the below meetings of the consequences sub-group and of the Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS) is available from the Scottish Government website at Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS) - gov.scot. 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.

• 28 November 2024: Meeting of SAGRABIS.
• 11 December 2024: Meeting of consequences subgroup.
• 20 January 2025: Meeting of consequences subgroup.
• 20 January 2025: Meeting of SAGRABIS.
• 19 February 2025: Meeting of consequences subgroup.
• 4 March 2025: Meeting of SAGRABIS.
• 19 March 2025: Meeting of consequences subgroup.

An exemption under section 27(1) of FOISA applies to some of the information you have requested, namely feedback received during the following meetings:

• 24 April 2025: Meeting of consequences sub-group
• 6 May 2025: Meeting of SAGRABIS.

Minutes of these meetings are due to be published within 12 weeks of the date of your request. An exemption under section 27(1) of FOISA therefore applies. We consider that it is reasonable to withhold the information until that date, rather than release this routinely published 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 of this information in relation to transparency around the development of guidance, and this will be met by our planned publication.  In the meantime, there is a greater public interest in ensuring that members of the groups involved in these discussions are able to confirm the minutes are an accurate reflection of the discussion.

Details of additional meetings and engagement sessions are set out below.  I enclose a copy of some of the information you requested within the Annex.

• 21 November 2024: AHDS conference workshop
• 24 February 2025: Meeting with EIS.
• 25 March 2025: Meeting of consequences subgroup to discuss exemplification
• 27 March 2025: Meeting with EIS.
• 3 April 2025: Meeting with NASUWT
• 10 April 2025: Meeting with EIS.
• 24 April 2025: Meeting with Headteacher member of sub-group
• 29 April 2025: Meeting with EIS
• 15 May 2025: Meeting with AHDS

Please note that the feedback from the AHDS conference workshop (enclosure 1) reflects individual views and experiences rather than formal evidence. While these contributions may not always be supported by evidence, they have value in highlighting perceived challenges and themes. Where respondents raised broader concerns or recurring issues, these have informed ongoing policy development and our engagement with local authorities, who are responsible for the delivery of education.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested.  This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.  This exemption recognises the need for officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. The consequences sub-group was formed to provide advice to the Scottish Government on the development of consequences guidance, as set out in its terms of reference. During the course of the development of the guidance, members of the consequences sub-group and the wider SAGRABIS membership provided feedback on multiple drafts of the guidance to support its development. Disclosing the content of the consequences sub-group’s and SAGRABIS members’ feedback on draft versions of guidance will substantially inhibit such discussions in the future, because these stakeholders will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public, particularly given the political and media interest in matters relating to relationships and behaviour in schools. This would be detrimental to ensuring future policy development is informed by those stakeholders with relevant experience in relationships and behaviour.

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, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on relationships and behaviour in schools, including consequences, until the Government as a whole can adopt guidance that is sound and likely to be effective.  This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence, such as that provided by members of the consequences sub-group and SAGRABIS. Disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy-making process, which would not be in the public interest.  There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, namely, name and contact details of individuals, 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.

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 Scottish Government has not been able to locate a note of the following meetings. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

• 16 December 2024: Meeting with Headteacher member of consequences sub-group
• 16 December 2024: Meeting with Headteacher member of consequences sub-group
• 16 December 2024: Meeting with Headteacher member of consequences sub-group
• 16 December 2024: Meeting with Headteacher member of consequences sub-group
• 3 February 2025: Meeting with NASUWT.
• 24 April 2025: Meeting with SST

4. Any internal correspondence (e-mails, texts, notes, etc) or briefing documents discussing whether teacher consultation was adequate or necessary.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The Scottish Government does not have any internal correspondence (e-mails, texts, notes, etc) or briefing documents discussing whether teacher consultation was adequate or necessary.  No such documents were created or held during the development of the guidance.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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 202500471346 - Information released - Annex

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