Children’s Hearings Scotland (CHS) board member appointment information: FOI release

Information requested

You asked for information on the “changing legal requirements” which had impacted the appointment of three new members to the board of Children’s Hearings Scotland (CHS), specifically:

1. A detailed explanation of the specific legal changes referenced in relation to CHS appointments.

2. A list of other public bodies, if any, whose board appointments have been delayed or altered due to these same legal changes.

3. All correspondence from within the Scottish government, Ministers and Children's Hearings Scotland outlining how these legal changes were interpreted and applied for Children's Hearings Scotland.

4. Confirmation of whether any other board members across Scottish public bodies have had their terms extended beyond the standard 8-year limit due to these circumstances.

Response

I enclose a copy of some of the information you requested:

1. Two legal changes took effect throughout the recruitment round of Children's Hearings Scotland (CHS) members:

Protecting Vulnerable Groups (PVG) Scheme Membership

As of 1 April 2025, the Disclosure (Scotland) Act 2020 came into force, introducing changes to the PVG scheme. The Act replaces the concept of “regulated work” with “regulated roles” and makes PVG membership a legal requirement for individuals in such roles involving children or protected adults. In response, the Scottish Government developed a new approach to ensure PVG scheme membership is in place for public appointees undertaking regulated roles. This includes incorporating PVG checks into the pre-appointment process for relevant public bodies, such as Children’s Hearings Scotland (CHS).

Gender Representation on Public Boards

Following the UK Supreme Court judgment on 16 April 2025, which clarified that the terms “woman,” “man,” and “sex” in the Equality Act 2010 refer to biological sex, the Scottish Government reviewed the practical implications for making appointment recommendations under the Gender Representation on Public Boards (Scotland) Act 2018 (“the 2018 Act”). Revised statutory guidance was published on 26 June 2025, and the recruitment process for Public Appointments has now been amended to comply with the ruling.

2. Public bodies whose regulated board appointments were delayed due to the implications of the Disclosure Act coming into force on 1 April:

• NHS Fife
• NHS Lothian
• Mental Welfare Commission
• NHS Forth Valley

Public bodies whose regulated board appointments were delayed due to the Supreme Court judgment on 16 April:

• Scottish Housing Regulator
• NHS Orkney
• NHS Dumfries & Galloway
• NHS Western Isles
• Scottish Police Authority
• Scottish Law Commission
• David MacBrayne Limited
• Highlands and Islands Enterprise
• South of Scotland Enterprise
• Crown Estate Scotland
• Scottish Enterprise
• Water Industry Commission for Scotland (WICS)
• Crofting Commission
• Scottish Fiscal Commission

Public bodies whose regulated board appointments were delayed due to the implications of both the Disclosure Act coming into force on 1 April, and the Supreme Court judgment on 16 April:

• NHS Golden Jubilee
• NHS Borders
• NHS Highland
• Scottish Social Services Council (SSSC)

3. Correspondence from within the Scottish Government, and with Ministers, is set out below at Annexes A and B. 

Some information has been excluded as it does not relate to the subject matter of the current request.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold information from within CHS. You may wish to contact CHS at enquiries@chs.gov.scot who may be able to help you.

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 section s.36(1) of the FOISA (confidentiality in legal proceedings), and section 38(1)(b) (personal information) apply to that information. The reasons why these exemptions apply are explained below.

Exemptions under section 36(1) of FOISA (confidentiality in legal proceedings) apply to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

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 in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Exemptions under section 38(1)(b) – Personal Data apply to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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.

4. One board member from one further Scottish public body has had their term extended beyond the standard 8-year limit due to the Disclosure (Scotland) Act 2020 coming into force on 1 April 2025, and the delays implementing the changes had on the appointment process for new board members.

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 202500484747 - Information Released - Annex A and Annex B

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