Scottish Prison Service lessons learned review: FOI release

Information requested

1. When the Scottish Prison Service CEO received the lessons learned review into the case of Isla Bryson which the Scottish Government claimed would happen on 3 February 2023.
2. The final version of the Scottish Prison Service’s report on the lessons learned review and any draft versions of this report completed by the Scottish Prison Service. For the draft versions, please also provide any comments from SPS officials, Scottish Government officials, Scottish Ministers or Special Advisers about the draft versions of the report and what actions were taken following these comments
3. All correspondence (including emails, letters, meetings, instant messages and phone calls) between the Cabinet Secretary for Justice & Veterans, his office and the Scottish Prison Service regarding this lessons learned review. This correspondence should also include any email attachments, minutes of meetings including all attendees and any notes taken, details or notes of phone calls and voicemails and text/instant messages from ministers about the topic between 24 January 2023 to the present date.

Response

Request 1

As confirmed in her letter of 8 February to the Cabinet Secretary for Justice and Veterans, the Chief Executive of the Scottish Prison Service received the final report of the lessons learned review on Friday 3 February.

A copy of this letter and a summary of the report is available here: Justice Committee letter - Transgender prisoner management: urgent case review correspondence - gov.scot (www.gov.scot)

Request 2

Some of the information you requested, in regard to draft versions of the Scottish Prison Service’s report on the lessons learned review, has been published in response to FOI reference 202300342026 which has been published on the Scottish Government website- Correspondence and Briefing relating to Transgender Prisoners: FOI release - gov.scot (www.gov.scot)

The final version that was provided to the Cabinet Secretary for Justice and Veterans has been published in his letter to the Criminal Justice Committee on 9 February 2023 and is available using the link provided to part 1 above.

Request 3

Some of the information you requested has been published in response to FOI reference 202300340450 and 202300342026 which has been published on the Scottish Government website-

• Correspondence and Briefing held by Scottish Government relating to Transgender Prisoners: FOI release - gov.scot (www.gov.scot)
• Correspondence and Briefing relating to Transgender Prisoners: FOI release - gov.scot (www.gov.scot)

If you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

I enclose a copy of the remaining information you requested. Whilst our aim is to provide information whenever possible, we are unable to provide some of the information you have requested because elements of the correspondence you requested have been redacted under exemption in terms of section s.38(1)(b), Section 30(b)(i) and 30(b)(ii) of FOISA.

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 contact details of individuals, 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 under sections 30(b)(i) (Free and frank provision of advice) and 30(b)(ii) (free and frank exchange of views for the purpose of deliberation) of FOISA applies to some the information you have requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. 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 free and frank advice and views before the Scottish Government reaches a settled public view. Disclosing the content of such free and frank exchange of views will substantially inhibit the communication of such matters in the future, which would not be in the public interest. As an individual case is a key starting point around the consideration of advice, the balance of the assessment around this is weighted even more in favour of withholding the information.

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.

Information released- Annex - 202300342588

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