NHS Fife employment tribunal communications: FOI release

Information requested

Please provide me with SG communications which relate to SIC Decision Notice 133/2025.

Please provide communications between Caroline Lamb and Neil Gray (and their relevant teams) relating to the Sandie Peggie tribunal.

Please provide communications between Carol Potter and Neil Gray (and their relevant teams) relating to the Sandie Peggie tribunal.

Response

1. In relation to your first request, I enclose a copy of the information you requested in PDF format.

Following a comprehensive search, a number of emails were identified as in scope. In interpreting “communications”, we have taken this to include all communication types such as briefings, emails, and submissions. The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied:

• Section 30(b)(ii) – applied where disclosure would, or would be likely to, inhibit the free and frank exchange of views between officials on sensitive matters.
• Section 36(1) – applied where the content may reflect or reference legal advice which remains confidential.
• Section 38(1)(a) – applied to remove the personal data of the person requesting the information
• Section 38(1)(b) – applied to remove personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation.
• Out of scope - some information is withheld because it is out of the scope of the current request.

Section 30(b)(ii) is subject to the public interest test. In considering the public interest test, we 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 allowing a private space within which officials can provide free and frank advice and views to Ministers when briefing them on sensitive matters.

The redacted material reflects internal discussions and the exchange of views between officials. This content does not represent final or agreed policy positions. Disclosure of these communications would be likely to substantially inhibit the free and frank provision of advice and exchange of views within the Scottish Government.

Releasing this material would undermine the ability of officials to explore options openly and assess issues that are still under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interest lies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effective conduct of public affairs.

Section 36(1) is subject to the public interest test. In considering the public interest test, we 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 allowing a private space within which Scottish Ministers and officials can seek and receive confidential legal advice. Protecting the source of said advice is also integral to maintaining its confidentiality. Failure to use of this exemption would also make the provision and use of legal advice by Ministers and officials more difficult, and might tend to encourage legal advice being provided orally, and inhibit the keeping of detailed records.

2. In relation to your second request, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. In interpreting “and their relevant teams” we have taken this to include officials working across the wider Health and Social Care portfolio, rather than limiting the scope solely to the Director General’s and Cabinet Secretary’s immediate Private Office. To establish the cost of undertaking this request, officials sent out an information trawl to key officials asking to provide material falling within scope of the request. Once the information trawl was complete, officials completed an upper cost limit calculation which exceeded the upper cost limit of £600. This calculation is based on the time it takes to search for any documents in scope, the time it would take to sift through all the returns and the time it would take to complete redactions.

Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600.

You may also find it helpful to look at the Scottish Information Commissioner’s ‘Tips for requesting information under FOI and the EIRs’ on his website at:
http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx

3. Finally in relation to your third request, I enclose the information you requested in PDF format.

Following a comprehensive search, a number of emails were identified as in scope. In interpreting “and their relevant teams” we have taken this to include officials working across the wider Health and Social Care portfolio, rather than limiting the scope solely to Cabinet Secretary’s immediate Private Office. The relevant emails have been released with redactions where exemptions under FOISA apply. The following exemptions have been applied:

• Section 30(c) – applied where release would be likely to prejudice the effective conduct of public affairs
• Section 38(1)(b) – applied to remove personal data, such as names of officials below Senior Civil Service level and personal contact details, in line with data protection legislation.
• Out of scope - some information is withheld because it is out of the scope of the current request.

Section 30(c) is subject to the public interest test. In considering the public interest, we recognise the importance of transparency in relation to how the Scottish Government engages with NHS Boards.

The redacted material reflects internal discussions and the exchange of views between officials and external partners. This content does not represent final or agreed policy positions. Disclosure of these communications would be likely to substantially inhibit the free and frank provision of advice and exchange of views, both within the Scottish Government and with external stakeholders.

Releasing this material would undermine the ability of officials to explore options openly and assess issues that are still under active consideration. It could also lead to misinterpretation of provisional thinking or prematurely expose deliberations that require a protected space for development. Accordingly, the balance of public interest lies in maintaining the relevant exemptions, to protect the integrity of internal decision-making and ensure the effective conduct of public affairs.

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 202500475506 - Information released - Annex

File type

PDF

File size

364.1 kB