Consultation on minimum number of learning hours: FOI release

Information requested

1. How much money has been spent on the Scottish Government looking into the minimum number of learning hours over the last five years, with a breakdown of each year and what the money has been spent on?
2. How many consultations has the government published about this topic and similar policies on the minimum number of learning hours over the last ten years, with a list of these?
3. All briefings prepared for ministers regarding the minimum number of learning hours between January 2023 and the date of this FOI.

Response

With regard to question 1, a total of £13,087.86 was spent in 2023. There was no spending in the previous four years. The funding in 2023 was made up of costs of printing Scottish Statutory Instrument 2023 No. 74 (C. 7) (Commencement Order No.6), design costs for the Learning Hours consultation paper and costs of procuring an external contractor to conduct an analysis of the Learning Hours consultation responses. We do not hold information on the amount of spending on Scottish Government staff costs over the period requested.

With regard to question 2, only one consultation on learning hours has taken place during the period of time specified in this question. A link to that consultation is available here. Prescribing the minimum annual number of learning hours: consultation - gov.scot (www.gov.scot)

In relation to question 3, I enclose a copy of some 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 exemptions under sections 25, 29(1)(b), 30(b) (i) and 38(1)(b) of FOISA apply to that information. The reasons why these exemptions apply are detailed below:

Section 25

Some of the information you have requested is available from the Scottish Government website. Specifically, the table summarising the number of learning hours provided by local authority schools in Scottish local authorities is available here - Supporting documents - Prescribing the minimum annual number of learning hours: consultation - 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 website(s) listed, then please contact me again and I will send you a paper copy.

Section 29(1)(b)

An exemption under section 29(1)(b) of FOISA applies to some of the information you have requested. Some of the information requested relates to communications between Ministers in relation to Learning Hours.

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. We recognise that there is some public interest in release because the issue of the number of learning hours local authority run schools must provide is of interest to parents, children and young people, trade unions and local authorities. However, this is outweighed by the public interest in providing Ministers with space to explore complicated issues such as whether to prescribe a minimum number of learning hours.

Section 30(b)(i)

An exemption under section 30(b)(i) (the free and frank provision of advice) FOISA applies to some of the information you have requested.

Some of the information relates to briefings to Ministers on learning hours. 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. We recognise that there is some public interest in release because the issue of the number of learning hours local authority run schools must provide is of interest to parents, children and young people, trade unions and local authorities. However, this is outweighed by the public interest in providing Ministers and Scottish Government officials space to provide advice on a complex issue where disclosure is likely to substantially inhibit provision of such advice.

Section 38(1)(b)

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested as it relates to personal data. 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 36 (1)

An exemption under section 36(1) of FOISA applies to some of the information you requested as it is considered legally privileged.

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 while transparency is a key principle of good governance, in this instance, the public interest in disclosure is outweighed by the need to protect legal professional privilege. The release of such information could have a chilling effect on open communication between clients and their legal advisors, undermining the legal system's ability to provide effective and impartial advice.

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 202300387204 - Information Released - Document Index

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2 page PDF

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82.2 kB

FOI 202300387204 - Information Released - Learning Hours

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175 page PDF

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3.0 MB