Scottish Negotiating Committee for Teachers (SNCT) information: FOI Review

Information requested

Original request 202500467988

1. You asked for the activities and public resourcing of the Scottish Negotiating Committee for Teachers (SNCT).

• Meeting Records and Decisions.
• Minutes, agendas, or formal notes of SNCT meetings held between 1 January 2022 and 27 May 2025.
• Any papers or decisions issued by the SNCT or its subcommittees regarding teacher pay progression, salary structures, or pay anomalies affecting teachers who transfer between authorities.
• Any correspondence or internal briefings referencing pay suppression, increment delay, or pay normalisation mechanisms.

2. Any internal communications or briefing documents related to teacher pay suppression and SNCT negotiation processes.

• Membership and Governance.
• A list of organisations and individuals (by role/title) currently sitting on the SNCT or any of its sub-groups.
• Any governance documents, MOUs, or terms of reference relating to SNCT operations and decision-making.

3. Resourcing

• Details of the Scottish Government’s role in supporting or resourcing the SNCT (financial, staffing, or governance).
• Any civil servants assigned to SNCT-related work, including roles and duration of support.

Request for Review

You asked on 1 July for a review of a response dated 20 June to an FOI dated 27 May, specifically:

• I respectfully request a full internal review of this decision, with consideration of:
• Whether a public interest test has been properly applied;
• Whether redacted versions of internal SNCT materials could be released;
• Whether the decision to withhold all internal materials is consistent with FOISA’s intent.

In addition, the request for review included a further clarification in relation to minutes from SNCT pay meetings as set out below:

Absence of Minutes from Critical Meetings Your response states that SNCT pay meetings do not have minutes. This is deeply concerning and raises questions about recordkeeping, accountability, and public governance standards. It is highly implausible that national pay meetings involving COSLA, Scottish Government officials, and trade unions would operate without minuted records or notes. If no such minutes exist, I request formal confirmation of the rationale for this practice and which governance standards permit it.

Response

I have concluded that the original decision should be confirmed, with the exception of the release of four documents subject to redactions of some information under exemption 30(b)(ii). Please find below my response to each of the points raised:

1. Whether a public interest test has been properly applied;

In relation to the minutes and proceedings of sub-groups of the SNCT, the response to your request applied an exemption under section 30(b)(ii) of FOISA, provision of free and frank exchange of views for the purposes of deliberation. The rationale for the application of the exemption is that SNCT partners have agreed that minutes and proceedings of sub-groups will not be published and that their release is likely to have an adverse impact on open and frank deliberation. This also applies to SNCT sub-group papers that form part of the negotiating process.

This exemption is subject to the ‘public interest test’. 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 ensuring that the SNCT’s work relies on open and frank discussions among members and with external stakeholders.

Publishing the discussion of the group through minutes could inhibit the free exchange of ideas and information. Disclosing the content of these meetings, particularly given the agreement of partners that minutes would not be published, is likely to undermine their trust in the work of the body and could inhibit discussions in the future. Partners may 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.

It should be noted that all minutes of the full SNCT meetings are published on the SNCT website, alongside papers from the SNCT Support Group which are provided for full meetings. Five SNCT Support Group papers were published within the timescales of this request. All SNCT Circulars and Letters of Advice are published on the website. 

2. Whether redacted versions of internal SNCT materials could be released;

As outlined in the answer to the first point, I have found that the public interest lies in favour of upholding the exemption in relation to papers and minutes of SNCT subgroups. This is based on the agreement of SNCT partners and the importance that partners are able to have free and frank discussion.

However, I have found that the exemption should be applied to relevant sections of minutes and documents, and not whole documents, that are within scope of this request. Based on a search of documents related to the SNCT, the only subgroup minutes that are within scope are from the SNCT Joint Secretaries group. Four sets of minutes from this group are released as part of this Review, subject to redactions of some information under exemption 30(b)(ii).

As outlined above, all minutes of the full SNCT meetings are published on the SNCT website, alongside papers from the SNCT Support Group which are provided for full meetings. Five SNCT Support Group papers were published within the timescales of this request. All SNCT Circulars and Letters of Advice are published on the website.

3. Whether the decision to withhold all internal materials is consistent with FOISA’s intent.

The Freedom of Information (Scotland) Act 2002 (FOISA) allows exemptions of information from disclosure for a range of reasons, including where disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or for the purposes of deliberation (Section 30(b)).

Based on the rationale outlined in this Review, I have found that the public interest lies in favour of upholding the exemption in line with FOISA. However, I have found that the redaction should apply to information within relevant documents, and four sets of minutes are therefore released as part of this review, subject to redactions of some information under exemption 30(b)(ii).

4. Absence of Minutes from Critical Meetings

No minutes are recorded at SNCT Pay meetings. The rationale for this policy is to ensure that discussions are able to be free and frank, and that sensitive information may be shared in meetings.
The main outcomes from the SNCT Pay meetings are subsequent pay offers from COSLA and responses from trade unions. Following agreement, this is communicated via Circulars issued by the SNCT.

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 202500473923 - Information Released - Documents

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