Correspondence and information relating to Loretto School in Musselburgh, East Lothian: FOI release

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


FOI reference: FOI/18/02508
Date received: 14 September 2018
Date responded: 5 November 2018
 
Information requested
Your requested copies of the following:
 
  • All correspondence and information including but not limited to documents, reports, calls logged, notes of meetings and emails relating to Loretto School in Musselburgh, East Lothian.  (This would include those produced by/involving HMIe before merger).
 
Response
I enclose some of the information you have requested. 
 
However, while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested because exemptions under sections 30(b)(i), free and frank provision of advice; 30(c), otherwise prejudice effective conduct of public affairs; and 38(1)(b), personal information, of FOISA applies to some of the information requested. 
 
The reasons why these exemptions apply are explained in the Annex to this letter as well as in the enclosed schedule. 
 
Reasons for not providing information
Sections 30(b)(i) - free and frank provision of advice.   
 
Exemptions under sections 30(b)(i) of FOISA (free and frank provision of advice) apply to some of the information requested. This exemption applies because disclosure would, or would be likely to, cause substantial inhibition due to the inherent sensitivity of the information contained within the document.
 
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.
 
Sections 30(c) - otherwise prejudice effective conduct of public affairs.
 
Information is exempt under section 30(c) FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. This exemption applies because disclosure would, or would be likely to, cause substantial prejudice due to the inherent sensitivity of the information contained within the document.
 
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.
 
Section 38(1)(b) - personal information.
 
An exemption under section 38(1)(b) of FOISA (personal information) applies to some information which has been redacted from the enclosed documents. This exemption applies because the information is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.This is because releasing this information could lead to the identification of staff members and members of the public in relation to Loretto School. 
 
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.
 
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
FOI-18-02508 - related documents (part 1)
FOI-18-02508 - related documents (part 2)
FOI-18-02508 related documents - (part 3)
FOI-18-02508 - related documents (part 4)
FOI-18-02508 - related documents (part 5)
FOI-18-02508 - related documents (part 6)
FOI-18-02508 - related documents (part 7)
FOI-18-02508 - related documents (part 8)
FOI-18-02508 - Schedule of Information

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 


The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG

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