Guidance to Education leaders regarding RAAC: EIR release

Information requested

“The Institution of Structural Engineers first published guidance on RAAC to raise awareness among the structural engineer community in March 2022. My officials were made aware of that publication through engagement in professional channels at that time and have supported responsible building safety throughout. For example, in July 2022, learning directorate officials made contact with Scottish heads of property services and the Association of Directors of Education in Scotland to discuss RAAC; in December 2022, NHS Scotland Assure commissioned a survey team to establish the extent and condition of RAAC across the national health service estate; in early summer this year, my officials have met the Health and Safety Executive to discuss school estate matters, including RAAC, and met several local authorities individually to discuss their specific issues; and in July this year my officials issued a RAAC survey to all local authorities via the SHOPS network.”

Please provide me with:

a) a copy of the contact learning directorate officials had with Scottish Heads of Property Services and the Association of Directors of Education in Scotland to discuss RAAC,

b) a copy of the minutes of any meetings had between officials and these organisations after this initial contact and

c) confirmation of how officials were made aware of publication of the Institution of Structural Engineers guidance through “engagement in professional channels” in March 2022.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response to your request

Part A:

I can confirm that the Scottish Government holds information falling within the scope of your request. All information held that is in scope, with the exception of exempt material, is attached in the Annex to this letter.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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 exception 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 exception.

Part B:

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because, while Scottish Government officials have attended some meetings of the SHOPS network, the minutes of these meetings were not shared with the Scottish Government. However, you may wish to contact the SHOPS network directly, who may be able to help you.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about RAAC, clearly we cannot provide information which we do not hold.

Part C:

The answer to your question is: Scottish Government officials engage with a variety of professional channels through membership of professional organisations, technical working groups and receive email updates and newsletters from professional organisations.

Officials receive the latest safety information and news from the Collaborative Reporting for Safer Structures UK (CROSS-UK) and would have been alerted to publication of the Institution of Structural Engineers guidance in March 2022.

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.

EIR 202300376338 - Information Released - ANNEX

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2 page PDF

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129.4 kB

EIR 202300374568 - Information Released - Enclosure 1-13

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PDF

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3.3 MB