Complaints listed in HM Inspector of Crematoria Scotland's interim report: FOI release

Information requested

Copies of the reports arising from complaints highlighted in the Senior Inspector of Burial, Cremation and Funeral Directors Annual Report between 1 October 2022 and 31 March 2023, as follows:

• Enquiries and complaints concerning discovery of unanticipated objects or materials in ashes following cremations.
• Concerns regarding funeral director operations, including charging for storage of deceased pending post mortem.
• Self-referral by a funeral director to Inspectors regarding them inadvertently requesting a family attend to collect historic ashes, despite the family having already received the ashes several years ago.

Response

I enclose a copy of some of the information you requested in the annex below. It should be noted that, at this time, all investigations have been enabled by the voluntary participation of those involved in the interests of promoting best practice and continual improvement..

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. This is because the Senior Inspector is a data controller in his own right, and not all of the complaints which you have requested have been passed to the Scottish Government. Specifically, this relates to your request for a report of “"Enquiries and complaints concerning discovery of unanticipated objects or materials in ashes following cremations."

However, you may wish to contact the Senior Inspector directly at Robert.Swanson@gov.scot who may be able to help you.

An exemption under section s.38(2) of FOISA applies to some of the information you have requested. This applies to the personal information of third parties, and is exempt because disclosure would contravene data protection principles contained in Article 5(1) of the UK GDPR.

An exemption under section s.29(1)a of FOISA applies to some of the information you have requested. This means that information which relates to the formulation of government policy is exempt.

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 in the interest of transparency. However, this is outweighed by the public interest in ensuring that officials are able to fully consider all options fully and freely, and to debate those rigorously to come to an informed decision on government policy.

Another exemption under section s.30(3) of FOISA applies to some of the information you have requested. This exemption relates to the effective conduct of public affairs. Releasing this information is likely to result in reduced confidence in the confidentiality of the inspection and complaints regime, and will mean that the public are less likely to report concerns to the Inspectors. This will therefore substantially impact upon the ability of the Inspectors to effectively oversee and regulate the sector.

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 in allowing public access to information about the nature of these complaints. However, this is outweighed by the public interest in ensuring public confidence in a robust system of confidential complaints and investigation is able to function in the sector.

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 202400406231 - Information Released - Document 1

File type

3 page PDF

File size

149.5 kB

FOI 202400406231 - Information Released - Document 2

File type

2 page PDF

File size

85.5 kB