Violence in schools, teacher numbers and international student costs: FOI release

Information requested

1. Could you supply all discussions, documentation and correspondence held by the Scottish Government about violence in schools, including briefings, from the last two months?

2. Could you supply all analysis undertaken for or by the Scottish Government, including briefings and meeting minutes, about the inclusion at all costs strategy for violent children?

3. Could you supply all analysis. risks register, all correspondence sent and received and minutes from meetings about the pledge to get 3,500 new teachers in schools by 2026, from the last two months?

4. Could you supply all discussions, documentation and correspondence held by the Scottish Government about Glasgow cutting teacher numbers, including briefings, from the last two months?

5. Could you supply all analysis undertaken, briefings written and correspondence sent and received, including internal correspondence, minutes/notes from meetings, about the cost of reducing the number of international students coming to Scotland?

Response

I enclose a copy of some of the information you requested. For ease the response is separated into 5 parts. Information is provided in Annexes for part 1, 3 and 4. Parts 2 and 5 do not have an Annex associated with them.

1. 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(s) under section(s), section 27(1) information intended for future publication, s.38(1)(b) (personal information), Section 30(b)(i) and (ii) – free and frank provision of advice or exchange of views of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information in the week beginning 12 August 2024, which is within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date, rather than release all of this information before the planned publication date.

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 of the interest in the policy response to the behaviour in Scottish schools research, and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also,
we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions 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. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on relationships and behaviour in schools, including violence, will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive or controversial issue such as the experience of violence in schools.

These exemptions are 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 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 a private space within which officials can provide full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s policy position on relationships and behaviour in schools, including violence, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

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, ie names/contact details of individuals, 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.

2. The Scottish Government does not have the information you have asked for. This is because there is not a policy of “inclusion at all costs … for violent children”. To assist full understanding of the policy position in Scotland it may be helpful if I provide the national guidance documents relating to promoting attendance and reducing absence and Prevention and Management School Exclusions. These are available from Included, engaged and involved part 1: promoting and managing school attendance - gov.scot (www.gov.scot) and Included, engaged and involved part 2: preventing and managing school exclusions - gov.scot (www.gov.scot). For the avoidance of doubt, the power to exclude remains in place in Scotland and that the guidance confirms that exclusion should be a measure of last resort.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

3. I enclose a copy of some of the information you requested. In addition, the independent Education Workforce Modelling and Research Report was published on 7 May https://www.gov.scot/publications/pupil-projections-implications-teacher-resourcing-needs-scotland-education-workforce-modelling-research/

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(s) under section(s) 29(1)(a) (policy formulation), s 30(b)(ii), and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy.

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 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on education workforce will be disclosed in the near future, when it may undermine or
constrain the Government’s view on that policy while it is still under discussion and development.

Exemptions under sections 30(b)(ii) of FOISA (free and frank advice and exchange of views) applies to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken.

These exemptions are 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 these exemptions. We have found that, on balance, the public interest lies in favour of upholding these exemptions. 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 a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s position on the various proposals in the consultation. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

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, ie names and contact details of individuals, 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.

4. 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 38 (1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

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, ie names/contact details of individuals, 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.

Further, some of the information you have requested is available from the Scottish Parliament website, a link to the information is included in Annex Part 4 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.

5. Some of the information you have requested is available from Withers-Reform-evidence-sessionbrief.pdf (universities-scotland.ac.uk). 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.

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 202400416498 - Information released - Annex

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