Cabinet Secretary for Education briefing materials on teachers in Scotland: FOI release

Information requested

1. A copy of the latest briefing material on teachers in Scotland prepared for the Cabinet Secretary for Education.

I am aware that you’ll be inclined to redact content that comes under ‘free and frank advice’, and that there can be a justification for that, but please do not redact facts or statistics as you would have no reason or justification for doing so.

2. A copy of the latest briefing material on secondary teachers in Scotland prepared for the Cabinet Secretary specifically for violence in schools.

I am aware that you’ll be inclined to redact content that comes under ‘free and frank advice’, and that there can be a justification for that, but please do not redact facts or statistics as you would have no reason or justification for doing so.

3. A copy of the latest briefing material on primary teachers in Scotland prepared for the Cabinet Secretary specifically for violence in schools.

I am aware that you’ll be inclined to redact content that comes under ‘free and frank advice’, and that there can be a justification for that, but please do not redact facts or statistics as you would have no reason or justification for doing so.

4. A copy the latest analysis provided to the Cabinet Secretary for Education regarding teacher’s working conditions and wellbeing.

Specifically any analysis on teacher’s attitudes or feelings about their jobs.

Response

In response to your request at point 1, I have enclosed most of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide any personal information because an exemption(s) under section 38(1)(b) (personal information) of FOISA applies to that information. These are names and contact details of people below Senior Civil Service level (or equivalent), working in public sector bodies and, where identifiable, job titles. Details of external people have also generally been exempted, and redacted, on similar grounds, in cases, where they would be readily identifiable, and disclosing it would contravene data protection principles.

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.

In response to your request at point 2 and 3, it may be helpful to clarify that briefing for the Cabinet Secretary regarding teachers includes all teachers and is not categorised by sector. Therefore, the information you have requested in point 2 and 3 is included in one briefing on relationships and behaviour in schools.

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

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines to take are used. Disclosing the content of free and frank briefing material on relationships and behaviour in schools will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive or controversial issue such as violence in schools.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 free and frank advice and views to Ministers on lines to take. It is clearly in the public interest that Ministers can properly robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Regarding your request at point 4, the Scottish Government does not conduct an analysis of teachers' working conditions and wellbeing. The teacher unions frequently issue reports that include aspects of teachers' wellbeing and workload, you may therefore consider contacting the unions directly. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have this part of the information you have requested.

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 202600500746 - Information released - Annex

File type

PDF

File size

203.3 kB