Perth and Kinross complaint: FOI release

Information requested

Information with reference to previous FOI 202200309204:

1. Can you confirm if the Scottish Government contacted the originator of the 9-Nov-2019 Perth and Kinross complaint to request permission to release a redacted copy of the final decision.
2. Can you confirm if the originator of the 9-Nov-2019 Perth and Kinross complaint submitted a FOI request and gave consent to having it published then the Scottish Government would provide them with a redacted copy.
3. Can you provide a copy of the Section 70 complaint procedure that details to the complainant that the final decisions are to be deemed confidential and redacted version of the final decision will not be published.
4. Can you confirm if the Section 70 complaint procedure includes a section detailing to complainants that they can explicitly give consent to the publishing of a redacted version of the final decision they receive.

Response

1. No. The Scottish Government did not contact the originator of the 9 November 2019 Perth and Kinross Council Section 70 complaint to request permission to release a redacted copy of the final decision. The Scottish Government can consult third parties in relation to the release of information, but ultimately if the information is held by the Scottish Government, then it is subject to FOISA and therefore we are required to make decisions on the information we hold.
2. If the originator of a Section 70 complaint were to seek a copy of the final decision that would be considered a subject access request. The originator of the 9 November 2019 Perth and Kinross Council complaint has received full (and un-redacted) copies of their complaint outcome, as per Section 70 of the Education (Scotland) Act 1980 complaint processes.
3. The guidance on making a complaint under Section 70 of the Education (Scotland) Act 1980 is set out at the following link: https://www.gov.scot/publications/section-70-education-scotland-act-1980-guidance-document-userssection- 9781788515023/pages/1/
   
   This does not explicitly make reference to the publication of complaint outcomes. However, in addition to this information, complainants are provided with a 'Scottish Government Privacy Policy - Section 70 complaints' which sets out how their data will be handled during the complaint process. A copy of this policy has been provided with your reply.
   
   All information held by the Scottish Government relating to Section 70 complaints is subject to FOISA.
4. The guidance on making a complaint under Section 70 of the Education (Scotland) Act 1980 and the ‘Scottish Government Privacy Policy - Section 70 complaints’ do not include a section detailing to complainants that they can explicitly give consent to the publishing of a redacted version of the final decision they receive.

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.

Scottish Government Privacy Policy - Section 70 complaints - January 2022 - 202200316644

File type

5 page PDF

File size

330.6 kB