Supporting Transgender Pupils in Schools Guidance for Education Authorities and Schools correspondence: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
1. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the Cabinet Secretary for Education and Skills and the office of the First Minister regarding the “Supporting Transgender Pupils in Schools Guidance for Education Authorities and Schools – Revised”. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 16 April 2025 and 30 September 2025 inclusive.
2. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) between the office of the Cabinet Secretary for Education and Skills and any Scottish Government official with a rank of deputy director or higher regarding the “Supporting Transgender Pupils in Schools Guidance for Education Authorities and Schools – Revised”. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 16 April 2025 and 30 September 2025 inclusive.
Response
I enclose a copy of some of the information you requested.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have the information are explained below.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested in part 1 because an exemption(s) under section(s) s.38(1) (b) (personal information), and s.29(1)(b) (Ministerial Communications) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.
The exemption in relation to personal information 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.
The exemption in relation to Ministerial Communications 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 because of the interest in the revised Supporting Transgender Pupils in Schools Guidance. However, this is outweighed by the public interest in enabling Scottish Ministers to consider sensitive matters in a private space.
In relation to part 2 of your request. The Scottish Government does not have the information you have asked for because there was not correspondence between the Cabinet Secretary for Education and Skills and those graded at Deputy Director and above relating to the revised Supporting Transgender Pupils in Schools Guidance. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
About FOI
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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG