Investigative action into Aberdeenshire's education department: FOI release

Information requested

1. Does your organisation take any proactive, investigative action into bodies such as Aberdeenshire's education department?

2. Supply a list of anyone working or living in Aberdeenshire who has been prevented from working with children under PVG provisions. If data protection prevents you from naming these individuals who should not be working with children, please identify them with pseudonyms and list the offences they committed and at which locations.

3. List number of complaints your organisation received about Aberdeenshire education, social services, officials including Vince Docherty and nature - child restraint, child abuse, child injured for the year’s 2021 and 2022. If this is too large a time period, then for 2022. If that is still too large a time period, then for Q2 and Q3 of 2022.

4. Supply correspondence your organisation had with Aberdeenshire council/officers/staff for 2022. This may be in email form, letters, minutes, file notes, etc. If this is too large a time period, then supply for Q2 and Q3 of 2022. For clarification, you advised, that you would like all correspondence from Vince Docherty or Vincent Docherty - would be mentioned by name. The subject matter would include some but not necessarily all of the following terms: Bullying / Intimidation or intimidate / Special needs / Harm / Restraint / Abuse / Allegation.

5. Has your organisation been made aware of (before now) issues with education in Aberdeenshire such as illustrated in my examples above? If yes, what investigations have been launched? If any records of action taken or recommended exists, please supply.

6. Supply a list of anyone working or living in Aberdeenshire who has been prevented from working with children under this provision. IF data protection prevents you from naming these individuals who should not be working with children, please identify them with pseudonyms and list the offences they committed and at which locations.

7. Finally, please advise protocol for ensuring that those working in education are fully qualified, have no record of harming children, and protocol for removing anyone breaching PVG protocols or who cover up, enable, or ignore such protocols.

Response

Question 1
Education Scotland does not have the remit to investigate any local authority including Aberdeenshire Council. We have a duty of care to share any safeguarding concerns that we receive with local authorities in order that they investigate the concern.

A copy of our internal Safeguarding Concerns Handling Procedure and our Child Protection and Safeguarding Policy is already available on the Scottish Government website at the following link: Child protection or safeguarding concerns in Scotland: FOI release - gov.scot (www.gov.scot)

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the link above, then please contact me again and I will send you a paper copy.

Question 2
While our aim is to provide information whenever possible, in this instance Education Scotland does not have the information you have requested, for a list of anyone working or living in Aberdeenshire who has been prevented from working with children under PVG provisions. This is a formal notice under section 17(1) of FOISA that Education Scotland does not have the information you have requested.

I would suggest that you contact Aberdeenshire Council who may be able to supply the information you have requested at Freedom of Information request - Aberdeenshire Council.

Question 3
The number of complaints that Education Scotland has received about Aberdeenshire education is as
follows:

2021	0
2022	0

For information, a copy of our Complaints Handling Procedure can be found on our website at the following link: Complaints handling procedure | Policies and information | Who we are | Education Scotland

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the link above, then please contact me again and I will send you a paper copy.

Question 4
Please see Annex A attached which covers emails that have either been sent to or received from Aberdeenshire Council where Vincent Docherty has been an email recipient in relation to safeguarding matters.

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 exemptions under sections s.36(2)(actionable breach of confidence) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in Annex B to this letter.

Question 5
Please refer to the answer for question one.

Education Scotland does not have direct responsibility for the delivery of services, or for investigating matters related to safeguarding or child protection. Education Scotland is committed to promoting the welfare and wellbeing of its employees and all children, young people and adults who staff come in contact with during all our work.

Question 6
Please refer to the answer for question two.

Question 7
While our aim is to provide information whenever possible, in this instance Education Scotland does not have the information you have requested, for the protocol for ensuring that those working in education are fully qualified. This is a formal notice under section 17(1) of FOISA that Education Scotland does not have the information you have requested.

I would suggest that you contact the 32 local authorities directly or the General Teaching Council for Scotland (GTC Scotland) who may be able to supply the information you have requested at the following links:

Councils | COSLA

Freedom of Information - The General Teaching Council for Scotland (gtcs.org.uk)

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.

Annex A

File type

12 page PDF

File size

337.6 kB

Annex B

File type

1 page PDF

File size

74.4 kB