Correspondence related to Children’s Hearings Scotland: FOI release

Information requested

1. All email correspondence, memos, reports of phone calls, briefing notes, details of meetings and minutes sent to and from Maree Todd, then Children and Young People’s Minister, relating to disciplinary and complaints procedures at Children’s Hearings Scotland between June 27, 2018, and May 20, 2021, both dates inclusive.

2. All email correspondence, memos, reports of phone calls, briefing notes, details of meetings and minutes sent to and from Clare Haughey, then Children and Young People’s Minister, relating to disciplinary and complaints procedures at Children’s Hearings Scotland between May 20, 2021, and March 28, 2023, both dates inclusive.

3. All email correspondence, memos, reports of phone calls, briefing notes, details of meetings and minutes sent to and from Natalie Don, Children and Young People’s Minister, relating to disciplinary and complaints procedures at Children’s Hearings Scotland between March 28, 2023, and October 6, 2023, both dates inclusive.

4.All email correspondence, memos, reports of phone calls, briefing notes, details of meetings and minutes sent to and from Nicola Sturgeon, then First Minister, relating to disciplinary and complaints procedures at Children’s Hearings Scotland between June 27, 2018, and March 27, 2023, both dates inclusive.

Response

Note on Scope

I have viewed your request as relating to written policies and procedures, and any associated considerations, as opposed to individual cases. Where information relates to consideration of procedures arising due to individual cases, this has been considered in scope. For example, information specifically relating to the investigation of a complaint against an individual would not be in scope, however general concerns raised about the complaints procedure as a result of that individual case would be considered in scope. Where a significant majority of a document has been deemed out of scope, I have released the relevant passages as an extract. If you wish to request information that is not covered by this view on the scope of your request, please submit a further request with amended parameters.

Response to your request

I enclose a copy of most of the information you requested.

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 an exemption under section s.30(b)(i) of FOISA, relating to the free and frank provision of advice, applies to some of the information originally in Document 39. This exemption is subject to the 'public interest test'. We have found that, on balance, the public interest lies in favour of upholding the exemption to maintain the effective conduct of public affairs, as the information relates to early consideration of issues while further information and views were being sought, and the settled positions are included for release elsewhere as part of this response.

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. This relates to 3rd party data, so identifiable information relating to individual cases, as well as the names and details of junior civil servants, has been redacted. 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 202300379752 - Information Released - Documents 1-41

File type

97 page PDF

File size

5.4 MB