Education Scotland - Compliance with Supreme Court ruling on definition of sex: FOI Review

Information requested

Original request 202500478413

• Whether any Equality Impact Assessments (EQIAs), training plans, internal meeting notes, or correspondence discussing the legal implications of the ruling are held; and
• Whether Education Scotland received or commissioned any legal advice following the ruling (withholding legal advice under s.36(1) would still require acknowledging its existence).

Response

I have now completed my review to your request under the Freedom of Information (Scotland) Act 2002 (FOISA). I was asked to carry out this review as I was not previously involved in the response to your request.

As part of my decision making process when conducting this review, I have met with officials responsible for Education Scotland’s work related to equalities, conducted further searches and reviewed the available information.

Review of the original response

In your original request you asked Education Scotland the following questions:

• Whether any Equality Impact Assessments (EQIAs), training plans, internal meeting notes, or correspondence discussing the legal implications of the ruling are held; and
• Whether Education Scotland received or commissioned any legal advice following the ruling (withholding legal advice under s.36(1) would still require acknowledging its existence).

Whether any Equality Impact Assessments (EQIAs), training plans, internal meeting notes, or correspondence discussing the legal implications of the ruling are held.

In relation to this aspect of your request, I have concluded that the original decision should be confirmed with modifications. In considering your request for a review I have reconsidered whether exemptions were applied appropriately. You should have been advised that an exemption applied in response to this aspect of your request.

Taking each point in turn;

1. Education Scotland have not undertaken any Equality Impact Assessments in relation to the Supreme Court Ruling. Whilst our aim is to provide information wherever possible, this is a formal notice under section 17(1) of FOISA that Education Scotland does not hold this information.

1. Education Scotland has not developed any training plans in relation to the Supreme Court Ruling. Whilst our aim is to provide information wherever possible, this is a formal notice under section 17(1) of FOISA that Education Scotland does not hold this information.

1. Education Scotland does not hold any notes in relation to internal meetings about the Supreme Court Ruling. Whilst our aim is to provide information wherever possible, this is a formal notice under section 17(1) of FOISA that Education Scotland does not hold this information.

1. As indicated in the response to your original request, Education Scotland holds two documents of email correspondence related to the Supreme Court Ruling. A copy of both of these documents were provided in our response to you.

In considering your request for a review I have reconsidered the exemptions which were applied to these two documents. Exemptions applied to these documents should be confirmed. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested as an exemption under section 38(1)(b) of FOISA (personal information) applies because it is personal data of a third party, 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.

Under FOISA, an exemption under section 38(1)(b) of FOISA (personal information) is not subject to the ‘public interest test’, so I am not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

I have included a document schedule as part of my response outlining the documents which were previously provided to you.

Whether Education Scotland received or commissioned any legal advice following the ruling (withholding legal advice under s.36(1) would still require acknowledging its existence).

In relation to your request about whether Education Scotland received or commissioned any legal advice, I have concluded that the original decision should be confirmed with modifications.

In considering your request for a review I have reconsidered whether exemptions were applied appropriately. You should have been advised that an exemption applied in response to this aspect of your request.

1. I can confirm that Education Scotland did not receive or commission any legal advice following the Supreme Court Ruling. Whilst our aim is to provide information wherever possible, this is a formal notice under section 17(1) of FOISA that Education Scotland does not hold this information.

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 202500481951 - Information released - Annex

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