SQA monitoring data: FOI Review

Information requested

Original request 202200274241

In Holyrood on 19/01/2022, the Cabinet Secretary for Education stated this during a debate on the 2022 exam diet: "The action that is being taken by the SQA is the monitoring of the data and if the data determines that further issues need to be addressed by the National Qualifications group then they will do so.

"There is daily correspondence and discussion around the data and if that data signifies that that requires us to move to scenario two then that is a decision the SQA board can take at any time the data suggests it is required to do so."

The following documents are requested:

1. Any correspondence within the Scottish Government around the 'data' referenced by the Cabinet Secretary above, from September 1 2021 to date of this request.
2. Any correspondence between the SQA and the Scottish Government around the 'data' referenced by the Cabinet Secretary above, from September 1 2021 to date of this request.
3. Any data used by the SQA as referenced by the Cabinet Secretary which was shared with the Scottish Government between November 1 to date.
4. The Scottish Government's definition of 'further issues' as referenced by the Cabinet Secretary.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review of our handling of case reference 202200274241 as set out below. Can I take this opportunity to apologise for the late response to your original request.

In Holyrood on 19/01/2022, the Cabinet Secretary for Education stated this during a debate on the 2022 exam diet: "The action that is being taken by the SQA is the monitoring of the data and if the data determines that further issues need to be addressed by the National Qualifications group then they will do so.

"There is daily correspondence and discussion around the data and if that data signifies that that requires us to move to scenario two then that is a decision the SQA board can take at any time the data suggests it is required to do so."

I would like to request:

1) Any correspondence within the Scottish Government around the 'data' referenced by the Cabinet Secretary above, from September 1 2021 to date of this request.
2) Any correspondence between the SQA and the Scottish Government around the 'data' referenced by the Cabinet Secretary above, from September 1 2021 to date of this request.
3) Any data used by the SQA as referenced by the Cabinet Secretary which was shared with the Scottish Government between November 1 to date.
4) The Scottish Government's definition of 'further issues' as referenced by the Cabinet Secretary.

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

• I have determined that the table withheld under section 30(b)(ii) within enclosure 01 should be partially released with some of the information still being withheld under section 30(b)(ii).
• At enclosure 01.1 I have determined that the information in Worksheet 1 should be released with section 30(b)(ii) remaining applicable to some of the information and Worksheet 2 should be released in full.
• Enclosure 02.1 the information within Worksheet 1 should be released with section 30(b)(ii) remaining applicable to some of the information. Worksheet 2 is a duplicate of the one in enclosure 01.1.
• I have determined that the text redacted under section 30(b)(ii) within enclosure 03 should be released.
• In respect of enclosure 05.1 I have determined that ‘out of scope’ applied to the section headed ‘Background’ did not apply to some of the information in that section which has now been released. Within the section headed ‘ Criteria for Invoking Plan B: what data and other information will be called upon?’ some information contained within paragraph 11, 12, 13 and 14 was withheld under section 30(b)(ii) should be released.
• All information under the heading ‘What is the criteria for invoking Plan B: what data and other information will be called upon?’ within enclosure 06.1 had section 30(b)(ii) applied to it however I have determined that this did not apply to all the information and some information should be released.
• Enclosure 07, email 13 January 2022@12:51, I am of the view that section 30(b)(ii) does not apply to the text within the email and therefore it should be released. Also e-mail 12 January 2022@13:59 section 30(b)(ii) does not apply to all the information and therefore I am now releasing some of the information.
• I have determined that section 30(b)(ii) does not apply to some of the information contained within enclosure 10, email 14 January 2022@16:25 and 13 January 2022@14:15 and should be released.
• In reviewing enclosure 11 – e-mail 17 January 2022@16:13 has 2 sections marked as redacted under 30(b)(ii) I am of the view that for the first entry this did not apply to all the information and for the second entry it did not apply to any of the information.
• Enclosure 11.1 is a duplicate of the table in enclosure 7 for which has been partially released with some information remaining withheld under section 30(b)(ii).
• In respect of enclosure 12.3 most of the information redacted under 30(b)(ii) in the email of 15 December 2021@15:55 should be released.
• I am of the view that section 30(b)(ii) should not have been applied to both enclosures 12.3.1 and 12.3.2 and these are being released in full.
• The information withheld under section 30(b)(ii) was inappropriately applied and the full information contained in the e-mail of 18 January 2022@14:48 should be released.
• I have determined that section 30(b)(ii) does not apply to some of the information within enclosure 16.
• Enclosure 16.1 is a duplicate of the information released under this review.
• Enclosure 18, email of 18 January 2022@17:38 section 30(b)(ii) was inappropriately applied to some of the information.
• I have determined that the information in enclosure 18.2 is not all subject to section 30(b)(ii).
• Section 30(b)(ii) was wrongly applied to the information within the e-mail of 25 January 2022@19:00, some of the information in the email of 25 January 2022@16:33 and some of the information in the email of 23 January 2022@20:28.
• I have reviewed the information in respect of those enclosures marked as duplicates and as such the information should remain withheld, because it duplicates information already released.

I have attached fresh copies of the documents you requested. Also for ease I am including the links to the published data.

Aug 2020-Dec 2020: COVID19-SchoolsandChildcareInformation | Tableau Public

Jan 2021 – Mar 2021: COVID19 - Schools and Childcare Information January-March 2021 (Archive) | Tableau Public

Aug 2020 – Jun 2021: COVID19 - Schools and Childcare Information 2020-21 | Tableau Public

Aug 2021 – Jun 2022: COVID19 - Schools and Childcare Information August 2021 | Tableau Public

Aug 2022 – Jun 2023: Weekly School Attendance Information 2022-23 | Tableau Public

For the remainder of the information, we are upholding the decision to withhold under sections 30(b)(i) (free and frank provision of advice), 30 (b)(ii) (free and frank exchange of views for the purposes of deliberation) or 38(1)(b) (personal information).

Information exempt under sections 30(b)(i) and 30 (b)(ii) apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation, as part of relationships which remain vital in supporting the future delivery of qualifications.

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 exemptions. 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 Ministers and officials a private space within which issues can be explored and refined to enable the Government as a whole to reach a decision that is sound and likely to be effective, particularly while the importance of the advice from these relationships continues to have a bearing on the discussions relating to education reform and the establishment of a new qualifications body.This private thinking space also allows for all options to be properly considered, so that informed decisions can be taken.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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.

You also expressed concern with regard to the considerable amount of time taken to respond to your original request for which we apologise. An explanation for that delay was provided in the response of 23 May, however we fully accept the time taken was unacceptable and have now taken steps to address these weaknesses including reviewing the processes and procedures for handling FOI requests, ensuring adequate resources are in place and that staff are trained appropriately. With regard to your concerns around the applications of exemptions given the time that has lapsed, the review has taken this into consideration and as set out above we are now releasing a considerable amount of information previously withheld.

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 202300359335 - Information released - Annex

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