Publication - FOI/EIR release

Independent evaluation of how schools are recording and monitoring incidents of bullying: FOI review

Published: 16 January 2024
Topic: Public sector
FOI reference: FOI/202300348699 Review of 202300344303
Date received: 24 March 2023
Date responded: 25 April 2023

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

Information requested

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA).

I have concluded that the original decision should be confirmed, with some modifications which I have set out below.

You raised the following:

I am surprised by the lack of emails. I would have thought that there would have been more emails than disclosed (please check again).
Parents and pupils were surveyed so I would have expected the outcome listed by school rather than a consolidated view (this data must be somewhere).
I provided information to the Cabinet Secretary for Education which I was assured had been passed to Education Scotland as part of this process yet I don't see this or my emails in relation to the email to the Cabinet Secretary for Education.
I am challenging the application of section 30 (b) (i) and 30 (b) (ii) with regard to free and frank exchange of views. In 2017, MSP's on the Equalities & Human Rights Committee issued a "gut-wrenching" report on bullying. The outcome of this was the new guidelines introduced in 2018. Five years on and we are now discovering the truth, i.e., that these guidelines are not being fully adhered which is a national disgrace given the 2017 report as children continue to be bullied causing real harm to their wellbeing, health and education. I believe that its essential and in the public interest that these free and frank views are disclosed so that the public can understand what has gone wrong. Hiding this from the public can not possibly be in the public interest.

Response

1. As part of my review, I have considered the searches and documents which were undertaken as part of your original request and it is my view that some of these searches were too narrow. I have completed further searches and I enclose additional documents which, on review, I believe fall within the scope of your request.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information within the additional documents because exemptions under sections 30(b)(i) free and frank provision of advice and 38(1)(b) – personal information, of FOISA apply to that information. The reasons why these exemptions apply are explained in Annex A to this letter.

2. I have reviewed the information provided as part of your original request and have considered your further clarification on how you wanted this information to be provided. I enclose additional information which I believe falls within the scope of your request.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information within the documents because exemptions under sections 30(b)(ii) free and frank exchange of views for the purposes of deliberation and 38(1)(b) – personal information, of FOISA apply to that information. The reasons why these exemptions apply are explained in Annex A to this letter.

3. I understand from my investigations, that this was in relation to correspondence you sent the Cabinet Secretary for Education and Skills in February 2022, in reference to ‘Nationwide safeguarding concerns’ which Scottish Government responded to. I have reviewed the original handling of the case and have completed my own searches. I have been unable to locate any record of Education Scotland receiving your evidence from either Scottish Government or the Cabinet Secretary.

4. The original response to your request indicated that we were unable to provide some of the information within the documents because exemptions under sections 30(b)(i) and 30(b)(ii) free and frank exchange of views for the purposes of deliberation applied as well as 38(1)(b) – personal information, of FOISA.

I have completed a review of all documents which were released to you as part of our original response and I have reconsidered the exemptions which were applied. I am content that the redactions which were applied were accurate, however I am making the following modifications to the exemptions which have been applied. It is my view that section 30(b)(i) free and frank provision of advice was not appropriately applied to these documents.

However, I confirm that exemptions under sections 30(b)(ii) free and frank exchange of views for the purposes of deliberation and 38(1)(b) – personal information, of FOISA were appropriately applied to that information. I have reviewed the justification for applying section 30(b)(ii) and section 38(1)(b) given in your original response and confirm that decision. I have also considered the application of the public interest test in your original response and confirm that decision.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.