Information regarding Children (Equal Protection from Assault) (Scotland) Act 2019: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
For the purposes of this request, we would prefer
the data on physical discipline, where recorded, to be broken down into:
a) Common assault; and
b) Light smacking (actions that would previously have been regarded as reasonable punishment prior to the Children (Equal Protection from Assault) (Scotland) Act 2019).
1. Please can you provide me with copies of your organisation’s guidance on dealing with complaints relating to the Children (Equal Protection from Assault) (Scotland) Act 2019?
2. Please can you send copies of all internal emails from your communications/PR department to the senior management team relating to how to handle inquiries into queries involving physical discipline?
3. Please can you provide me with data on the amount of time and money spent on training within your organisation relating to the introduction of the Equal Protection Act?
4. Please can you provide me with a copy of all internal correspondence relating to plans to review the Equal Protection Act?
5. Please can you provide me with the transcripts from the meetings of Children (Equal Protection From Assault) (Scotland) Act 2019 implementation group?
6. Please can you provide me with correspondence between membership bodies involved in and regarding the Children (Equal Protection From Assault) (Scotland) Act 2019 implementation group?
7. Please can you provide me with all correspondence regarding the monitoring of the impact of the Children (Equal Protection From Assault) (Scotland) Act 2019?
Response
Some of the information you have requested is enclosed in Annex A to this letter where there are 36 items in total released. Exemptions under section 25(1); section 28(1); section 30(b)(i); section 30(b) (ii); section 30(c); section 33(2)(b); and section 38(1)(b) of FOISA apply to some of the information requested. The reasons why these exemptions apply are explained in Annex B to this letter.
Some of the information you have requested has been previously published and the links to the relevant Scottish Government web pages are shared here:
(i) The Scottish Government’s Children (Equal Protection From Assault) (Scotland) Act 2019
Implementation Group papers:
Children (Equal Protection From Assault) (Scotland) Act 2019 implementation group - gov.scot
(ii) The Scottish Government’s Children (Equal Protection From Assault) (Scotland) Act 2019 factsheet
Children (Equal Protection from Assault) (Scotland) Act factsheet: easy read version - gov.scot
(iii) The Scottish Government’s Children (Equal Protection from Assault) (Scotland) Act 2019
Frequently Asked Questions
Children (Equal Protection from Assault) (Scotland) Act 2019 Frequently asked questions
(iv) The Scottish Government’s Physical Punishment and You Q&A
(v) The Scottish Government’s Physical Punishment law change factsheet
In addition some of the information you have requested has been published in two previous FOI responses and the links to both of those responses are shared here:
(i) Communication regarding Children (Equal Protection from Assault) (Scotland) Act: FOI release - gov.scot
(ii) Communication with Welsh Government concerning the Children (Equal Protection) Act: FOI release - gov.scot
There is no information held in relation to some of your questions these are:
Data: We do not hold data broken down to common assault and light smacking.
Question 1: There is no Scottish Government organisational guidance on dealing with complaints relating to the Children (Equal Protection from Assault) (Scotland) Act 2019.
Question 3: There is no data on the amount of time and money spent on training relating to the introduction of the Act within the Scottish Government.
Question 4: There is no correspondence held in relation to reviewing the Equal Protection Act
Question 5: There are no transcripts from the meetings of the Children (Equal Protection from Assault) (Scotland) Act 2019 Implementation Group. The minutes from the Group meetings are shared in the link to the Implementation Group papers.
ANNEX A
Due to the number of documents shared separately as 3 PDF documents
ANNEX B
Section 25(1) Information otherwise accessible
This exemption applies as the information requested is already reasonably obtainable, for example it may be published on the Scottish Government website and can be accessed. You can find this information in the links provided.
Section 28(1) Relations within the UK
An exemption under section 28(1) of FOISA (relations within the UK) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the Scottish Government and the Welsh Government. It is essential for the effective administration of the UK as a whole that there should be regular, and often private, communications between the Scottish Government, the UK Government and the other devolved administrations. The release of these communications will mean that the Welsh Government is likely to be more reluctant to share such information with the Scottish Government in future, which would reduce both the frequency and openness of communications between the Scottish Government and other UK administrations. 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 maintaining good relations between the Scottish Government and the Welsh Government, and in protecting the free exchange of information between the administrations to ensure that we keep each other fully and regularly informed about matters of mutual interest. There is no public interest in disclosing information when that will damage relationships and disrupt future communications.
Section 30(b)(i) Free and frank provision of advice
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 and/ or other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on will substantially inhibit the provision of such advice in the future. 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 and / or other officials, as part of the process of exploring and refining the Government’s position. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good 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.
Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future. 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 Ministers and officials a private space within which to explore and refine the Government’s position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good 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.
Section 30(c)- Prejudice to the effective conduct of public affairs
An exemption applies under section 30(c) of FOISA (prejudice to the effective conduct of public affairs) to some of the information requested. It is essential for MSPs and MPs to be able to write confidentially to Ministers and for Ministers to respond on the issues across their portfolio and to gather views from other constituents and / or stakeholders confidentially. Disclosing the content of these ministerial communications is likely to undermine trust in the Scottish Government and will substantially inhibit communications, and such stakeholders will be reluctant to provide views in a full and frank manner if they believe that their views are likely to be made public, particularly where, as in this case, these discussions relate to a sensitive or controversial issue. This would significantly harm the Government’s ability to carry out many aspects of its work.
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 Ministers a private space within which to communicate with these constituents and / or stakeholders.
Section 33(2)(b) Financial information
An exemption under section 33(2)(b) of FOISA (financial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the financial interests of the Scottish Government and its delivery partners. Disclosing information about Scottish Government financial arrangements could be used for fraudulent purposes, which would be likely to cause significant harm to our financial interests. 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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the financial interests of the Scottish Government, to ensure that we are always able to obtain the best value for public money.
Section 38(1)(b) personal information
Some of the information you have requested is exempt under s38(1)(b) of FOISA (personal information) as it relates to third party personal data. Personal data includes all information that relates to an individual, and includes identifiers such as name, address, and date of birth. 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.
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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