Homes for Ukraine Sponsorship Scheme data sharing information: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

1. Details of any data sharing agreements between the Scottish Government and the UK Home Office regarding asylum seekers and refugees.

2. What data is shared (e.g. homelessness presentations, accommodation status, outcomes).

Response

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 an exemptions under sections 25(1)(e) – data relates to law enforcement; and Section 38(1)(b) – contains personal information; of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

Question 1:

Please find attached (Document 1), a copy of the current Memorandum of Understanding between the Scottish Government, the Ministry for Housing Communities and Local Government (MHCLG), and the Home Office detailing the data sharing arrangements for the Homes for Ukraine Sponsorship Scheme.

Question 2:

Please find attached (Document 2) a excel sheet containing the information categories shared under the current Memorandum of Understanding in the format you asked for.

Please note, the provision for immigration, asylum, and refugees, across the UK is the responsibility of the Home Office, with local authorities holding statutory responsibility for individuals in their area. While the Scottish Government is able to provide limited support in certain specific circumstances, for instance in line with acting as super sponsor in their own right under the Homes For Ukraine Scheme, for more detailed information you may wish to contact the Home Office or local authorities to find out whether there is any information which they would be able to provide.

You may also find it useful to consult the UK government website for information that the Home Office publishes online. The Home Office regularly publishes statistics relating to the UK immigration and asylum systems. These can be viewed on the UK Government website: Immigration system statistics quarterly release - GOV.UK

Annex:

An exemption applies

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party (ie names and email addresses) and 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.

An exemption applies, subject to the public interest test

An exemption under section 35(1)(e) (Law enforcement) of FOISA applies to some of the information you have requested as it contains information relating to immigration controls and operational
processes.

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 disclosing information as part of open, transparent, and accountable government, and to inform public debate. However, the public interest in maintaining the effectiveness of safeguarding and immigration checks outweighs the public interest in disclosure, as releasing this information is likely to prejudice the prevention and detection of crime by increasing the risk that these processes could be circumvented.

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 202600517191 - Information Released - Document 2

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

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