Publication - FOI/EIR release

Foveran and Tipperty school closure information: FOI release

Published: 7 August 2025
Directorate: Learning Directorate
Topic: Education, Public sector
FOI reference: FOI/202500472402
Date received: 19 June 2025
Date responded: 17 July 2025

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

Information requested

All information the Scottish Government holds in respect of the Foveran and Tipperty school closures, including but not limited to

any requests for a call in all information
any submissions in support
any communication by or on behalf of Ministers with Aberdeenshire Council in respect of these school closures during or prior to the call-in period
all information pertaining to how Scottish Ministers reached the decision not to call in this consultation, minutes, correspondence, notes of discussions or phone calls etc.

Response

In relation to your question, I enclose a copy of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections 25 – information otherwise accessible, 30(b)(i) of FOISA - free and frank provision of advice, 30(b)(ii) - free and frank exchange of views, 33(1)(b) – commercial interests, 36(1) - legally privileged, 38(1)(a) - personal information of requester and 38(1)(b) - personal data, of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

As requested, a hard copy of the documents will also be sent to the address you provided.

Annex A

Section 25: Information otherwise accessible

An exemption under section 25 of FOISA applies to some of the information you have requested as it relates to information that is otherwise accessible. This exemption is subject to the ‘public interest test’. Some of the information requested derives from the consultation process undertaken under the Schools (Consultation) (Scotland) Act 2010, which is published by the local authority or documents that relate to local authority decision making, which are also made public. It is therefore regarded that such documents are available to the requester, and it is not necessary for them to be provided by the Scottish Government.

Section 30(b)(i)

An exemption under section 30(b)(i) (the free and frank provision of advice) FOISA applies to some of the information you have requested.

Section 30(b)(ii)

An exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) FOISA applies to some of the information you have requested.

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 explore and refine the Government’s position, until the Government as a whole can adopt a policy decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy decision making process, which would not be in the public interest.

Section 33(1)(b)

An exemption under section 33(1)(b) of FOISA (substantial prejudice to commercial interests) applies to some of the information you have requested.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered whether the public interest in disclosing the information outweighs the public interest in applying the exemption. We acknowledge that there is a public interest in openness and transparency, particularly where the information relates to matters raised by members of the public. However, the information in question was originally provided to the council by third parties and shared with us for limited purposes. Disclosure of this material could prejudice the commercial interests of those involved, particularly if it contains sensitive or proprietary content. It could also undermine trust in the handling of such information, discouraging future cooperation. On balance, we have concluded that the public interest lies in favour of upholding the exemption.

Section 36(1)

An exemption under section 36(1) of FOISA applies to some of the information you requested as it is considered legally privileged.

Section 38(1)(a)

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested as it relates to the personal data of the requester. 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 38(1)(b)

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested as it relates to personal data. 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.

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.