National review of responses to group-based child sexual abuse and exploitation documentation: FOI release

Information requested

All documents held by the Scottish Government relating to the establishment, remit, governance, and operation of the national review of responses to group-based child sexual abuse and exploitation, announced on 4 December 2025 and that this should include:

1. The formal terms of reference of the review.

2. Governance structure documents.

3. Agendas for any planning or scoping meetings.

4. Papers submitted to Ministers regarding the creation of the review.

5. Ministerial submissions and red-box briefings relating to the review.

6. Any documentation setting out the roles of His Majesty's Inspectorate of Education, HMICS, Healthcare Improvement Scotland, and the Care Inspectorate.

7. Any documents describing oversight, reporting, or accountability arrangements.

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. We do not have any formal terms of reference for the review, governance structure documents, agendas for any planning or scoping meetings or any documents describing the oversight, reporting or accountability arrangements for the review. This is because the review is independent of Scottish Government and will be led by His Majesty’s Inspectorate of Education, His Majesty’s Inspectorate of Constabulary in Scotland, Healthcare Improvement Scotland and the Care Inspectorate. You may wish to contact the organisations directly using the following details: Foi@educationscotland.gov.scot; Contact | HM Inspectorate of Constabulary in Scotland; his.foi@nhs.scot and enquiries@careinspectorate.gov.scot. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

In this instance we are unable to provide some of the information you have requested because an exemption(s) under section 29(1)(a)(formulation or development of government policy), section(s) 30(b)(i)(provision of advice), section 30(c)(effective conduct of public affairs) and section 38(1)(b) (personal information) of FOISA applies to that information.

An exemption under s.29(1)(a) (formulation of Government policy) of FOISA applies to some of the information you have requested. This exemption relates to the formulation of the Scottish Government’s policy. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on child protection policy will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the national review will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and relate to the sensitive issue of child protection. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government’s position , until the Government as a whole can adopt an agreed approach that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

An exemption under s.30(c) (effective conduct of public affairs) of FOISA applies to some of the information you have requested. This exemption relates to the effective conduct of public affairs. 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 because it relates to an issue of concern to the public. However, this is outweighed by the public interest as disclosure of this advice would otherwise prejudice substantially the effective conduct of public affairs on this matter.

Exemption(s) under s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption relates to personal information and specifically the personal data of third parties. 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.

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 202500497247 - Information released - Annex 1

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