Highlands and Islands school infrastructure information: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
1. Minutes/read-outs (however the records of meetings) are kept that our constituent MSP, has organised, and or attended with the following to discuss the New Mull/Tobermory Campus:
- The Scottish Futures Trust
- The Scottish Government LEIP team
- The Scottish Government Learning Inspectorate
- The Scottish Government Islands Team &
- The Minister responsible for islands
- Education officials
- Erica Clarkson Head of Islands Policy, and or any of Ms Clarkson’s team
- Other individuals/groups in Scottish Government and the Council
“ Jenni had a meeting with representatives of the ScotGov Islands Team and education officials yesterday, she has a further meeting with Pippa Milne on Monday and will raise your concerns then."
Ms Minto’s assistant Marie-Claire kindly sent me this by way of update. The meeting according to this must have been on around the 17th February 2025 please can I have the minutes of the meeting or whatever records in whatever form you have of it, thanks
2. Whether Ms Gilruth has sought any legal advice internal, and or external following the meeting the Mull Campus Working Group had with Ms Gilruth on the 18th March 2026? I respect the advice itself is privileged, and the election may have slowed things down
3. Whether Ms Gilruth or any of her representatives have had any meetings/ held any with any of the groups listed above in Q1 above (or others) to start the process of reviewing the LEIP funding structure with a view to island proofing it. If there have been any meetings please can I have the records of those meetings if permitted? I respect the recent elections may have delayed action been taken
4. Following the meeting on the 18th March between the Mull Campus Working Group, and the Cabinet Secretary for Education &Skills have any remedial actions been taken to investigate/check re the asbestos that was raised in that meeting /that it was suggested is present in the hostel that students attending Oban High School from Mull live in?
5. Has Councillor Jim Lynch, the Lead of Argyll & Bute Council, requested any meetings with those listed above including (in question 1) Jenni Minto, MSP, to discuss the need to islands proof the LEIP funding, and to discuss the Human Rights Explainer that was co-authored by Professor Katie Boyle, & Dr Michelle Donnelly, and the remedies listed within the Explainer (The Explainer I refer to can be found here: https://wise4all.co.uk/)?
6. Have the Scottish Government legal team read, reviewed, and provided advice to anyone on the Explainer or sought advice on it, if so, who?
7. Is there a reason now the Judicial Review is complete that Mr Orlando Heijmer-Mason cannot provide the answers to the questions I presented him with on behalf others when I met him in May 2025. My understanding was I would get answers when the Judicial Review was over. Those I collated the questions on behalf of have patiently waited for a response
8. Has Mr Heijmer-Mason given his position/involvement in these projects highlighted the Explainer to others within Scottish Government or other bodies connected with the project including Hub North and COSLA? Has anyone else?
9. Why and who decided that the new Barra & Vatersay Campus would be mostly funded by the Scottish Government? Has any consideration been given to whether this is possible for the New Mull Campus? If so, please can I have the minutes or records however they are held of those meetings?
10. Please can I have any records/minutes etc. of how the Barra Campus was reached including who suggested Scottish Government fund the vast majority of the campus, and the reasons given for this?
11. Have any Human Rights Experts or bodies been in touch with the Scottish Government to raise concerns/asks questions about the lawfulness of the decision made re location for the New Mull Campus. If so, please can I have records of the meetings/emails that can be released relating to this
12. Have any Scottish Government employees raised concern internally about the lawfulness of the decision particularly in relation to the UNCRC, if so, please can I have any records relating to this
13. Have any of the Scottish Government LEIP funding documents, any documents relating to the delivery of new schools been updated recently to add in the UNCRC and compliance with it. If documents have been altered, please provide the date of alteration?
14. Will LEIP funding continue or has an alternative been agreed to? If so, what is that alternative called, and how do I access information on this?
15. Did the Scottish Government set aside any specific money/funding so that to ensure that decisions made were UNCRC compliant when it decided to approve the legislation– so for instance to facilitate the Progression Realisation of Rights of Mull’s children? Is there a fund that helps the Scottish Government to ensure its compliance given the provision/act applies retrospectively, if so, how much funding has been set aside? For clarity, I am referring to the UNCRC Scotland Act 2024
16. Have there been any meetings in within Scottish Government and or external ones to discuss the content of the Human Rights Explainer?
17. Have the Scottish Futures, Trust the LEIP Team, and COSLA had access to the documents released as part of disclosure of the recent Judicial Review re the preferred site? In addition, are they aware of the HIGH concern about the cost of clearing the site?
18. Have any actions been taken post the meeting by those who attended the meeting on behalf of the Scottish Government with the Mull Campus Working Group including the Cabinet Secretary on the 18th March 2026. I am aware of the letter sent to Lead Councillor Jim Lynch and Jenni Minto, MSPs email to the Cabinet seeking clarity on several issues shortly before the election.
19. Will the Mull Campus Working Group receive a direct response from the Cabinet Secretary for Education, Ms Gilruth. I ask as there were a number of actions, we asked Ms Gilruth to take and it
would be helpful to know if they are being progressed, thank you.
Response
I have responded to each of your questions in turn:
1. In relation to your request, some of the information that you have requested is enclosed. 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 38(1)(b) (Personal information), of FOISA apply to that information. The reasons why these exemptions apply are explained in Annex A.
Scottish Government officials in the Islands Policy team and School Infrastructure team met with Jenni Minto MSP on 17 February 2026, however, a minute/readout was not recorded as a Scottish Minister was not present. Although a minute/readout may have been prepared by Ms Minto MSP or a member of her office, you may wish to contact her office directly.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested. 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.
2. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. 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.
It may be helpful to clarify that Scottish Government officials have taken appropriate legal advice on the wider matter throughout.
3. Scottish Government officials are working closely with the Scottish Futures Trust to develop a successor to the Learning Estate Investment Programme and will ensure it reflects lessons from across Scotland, including the Mull campus and other island projects.
4. Argyll and Bute Council are responsible for managing and maintaining their school estate and the Scottish Government expect them to provide a safe environment for all school users. Scottish Government officials have written to Argyll and Bute Council to pass on these concerns.
5. Councillor Jim Lynch wrote to the Cabinet Secretary for Education, Culture and Gaelic in May to request a meeting to discuss the project, this is currently in the process of being arranged and a date has not yet been confirmed.
6. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. 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.
7. It may be helpful to know that Orlando has recently moved post, and the new Senior Responsible Officer for the Learning Estate Investment Programme is Alison Taylor.
However, our understanding was that these points had been addressed in subsequent correspondence. If you wish to resubmit the questions via email to schoolestates@gov.scot, we will provide responses in due course.
8. The Explainer has been discussed internally by Scottish Government officials.
9. The information that you have requested is enclosed.
However, 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 sections 38(1)(b) (Personal information), 33(1)(b) (Commercial interests) and 30(b)(i) of FOISA apply to that information.
The reasons why these exemptions apply are explained in Annex A.
The decision to provide capital funding for the Barra and Vatersay Community Campus was set out in the Programme for Government in May 2025. This decision was taken as it is a mixed model approach of a health and education facility which now sits separately from the Learning Estate Investment Programme. Furthermore, all health projects are capital funded.
10. The information that you have requested is enclosed.
However, 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 sections 38(1)(b) (Personal information), 33(1)(b) (Commerical interests) and 30(b)(i) of FOISA apply to that information.
The reasons why these exemptions apply are explained in Annex A.
Ministers took the decision that Scottish Government capital funding would be provided for the Barra and Vatersay Community Campus because of the mixed model as stated above.
11. Yes. The information that you have requested is enclosed.
12. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. 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.
13. The refreshed Learning Estate Strategy makes clear that the learning estate should support all relevant strategies and policy ambitions, including UNCRC. Scottish Government officials are also working closely with the Scottish Futures Trust to develop a successor to the Learning Estate Investment Programme and will ensure it reflects lessons from across Scotland, including the Mull campus and other island projects
14. Scottish Government officials are working closely with the Scottish Futures Trust to develop a successor to the Learning Estate Investment Programme.
15. In November 2021, when the Scottish Government was considering the implications of the Supreme Court judgment on the original UNCRC Bill and how best to take the Bill forward, it published a three year action plan to help ensure that children's rights are respected, protected and fulfilled in Scotland and to prepare for UNCRC implementation. The action plan was Progressing the Human Rights of Children in Scotland: An Action Plan 2021-2024. One of the four strands of the Scottish Government's action plan was aimed at ensuring all children in Scotland experience public services consistently upholding their rights. A report of progress with the action plan was published in November 2024 and can be found here.
To help prepare public authorities for taking a children’s rights-based approach, Scottish Government staff resources were invested in the production of the following resources and guidance:
Statutory guidance on Part 2 and Part 3 of the UNCRC Act and accompanying guidance on Clarification of inherent obligations of the UNCRC and Sources to guide interpretation.
Non-statutory guidance on taking a children’s human rights approach.
An Introduction to Children’s Rights e-learning module (which anyone can access by creating a TURAS account).
A guide for Elected Officials on UNCRC, which has since been updated to A guide for public services in Scotland on understanding children’s human rights.
The Getting ready for UNCRC framework which is a practical resource for public authorities in Scotland to prepare for UNCRC Incorporation. It has since been updated to the UNCRC Implementation Framework.
Advice and guidance on enabling children and young people’s participation in decision-making.
The Children’s Rights Knowledge Hub which is a repository of children’s rights related resources that anyone can sign up to for free.
Scottish Government officials are not required to maintain time and motion records because there is no business need to do this. It is therefore not possible to calculate how much the production of these resources/guidance cost.
Additional funding was provided to the Improvement Services to support local authorities to understand their duties under the UNCRC Act and take a children’s human rights approach. The funding total from 2021 to the current financial year is £437,438.88.
Additional funding was also provided to NHS Education for Scotland to support health boards to understand their duties under the UNCRC Act and take a children’s human rights approach. The funding total from November 2023 to March 2026 was £211,033.
Some modest grant funding was provided directly to eight local authorities through the Innovation and Improvement Fund. Six of the local authorities have published information in relation to their UNCRC Innovation Fund projects: Argyll & Bute , Comhairle nan Eilean Siar , Dundee City , Fife, Perth and Kinross and Scottish Borders.
You may also wish to refer to the answer to this Parliamentary Question which asked the Scottish Government “what (a) financial and (b) other resources it allocated to the United Nations Convention on the Rights of the Child (UNCRC) implementation programme, which began in 2021 and is set to finish in March 2024; what proportion of any resources allocated have been used to date, and what any such resources have been used for”.
In your question you refer to ‘progressive realisation’. The Scottish Government published a document in September 2024 which explains the relevance of this concept - see Chapter 5 of United Nations Convention on the Rights of the Child (UNCRC): clarification of inherent obligations.
As highlighted at paragraph 3.5 of the Part 2 Guidance on the UNCRC Act, a person can challenge actions, proposed actions or failures to act that breach the UNCRC requirements as defined by the Act through the courts in respect of such acts that take place after 16 July 2024.
Under section 7(1)(b), when read with section 7(4), the UNCRC requirements may be relied upon by a person in proceedings brought by a public authority whenever the act took place, even if the alleged incompatible act took place before 16 July 2024. In other words, the UNCRC requirements can be relied upon in a ‘defensive’ capacity, but only in these circumstances.
There is no additional fund that helps the Scottish Government to ensure its compliance with the UNCRC requirements. The resources and guidance mentioned above are also available to Scottish Government staff. In addition, policy teams across the Scottish Government and its Executive Agencies are supported to meet their statutory duties under section 17 of the UNCRC Act to prepare and publish Child Rights and Wellbeing Impact Assessments (CRWIA) for most legislation and decisions of strategic nature and to meet their statutory duties under section 23 to publish statements of compatibility for most legislation. The nature of the support that is provided is set out in Section 2.1 of the Children’s Rights Scheme.
16. Discussions have taken place between Scottish Government officials.
17. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. 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.
However, you may wish to contact Scottish Futures Trust and COSLA directly.
18. The Scottish Government took forward and actioned the request to write to the leader of Argyll and Bute Council to encourage greater consultation with members of the Mull Community.
19. Jenny Gilruth MSP has recently moved post and the new Cabinet Secretary for Education, Culture and Gaelic is Màiri McAllan MSP and we are committed to continuing to engage with Mull Campus Working Group.
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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
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EH1 3DG