Correspondence regarding Chief Executive of Children's Hearings Scotland term of appointment: FOI Review

Information requested

Orginal Request 202400438045

Under the Freedom of Information (Scotland) Act, I would like copies of all correspondence held by Scottish Government about the Chief Executive of Children's Hearings Scotland having their term of appointment, which was due to expire on 06 October 2024, extended.

Response

Thank you for your request dated 23 November 2024 under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review in relation to your previous request for copies of all correspondence held by Scottish Government about the Chief Executive of Children's Hearings Scotland having their term of appointment, which was due to expire on 06 October 2024, extended.

I have concluded that the original decision should be confirmed with modifications.

Firstly, there was an annex A referred to in the initial response which was not included with that response. This Annex provided detailed reasons why the exemptions referred to in the original response were applied as they were. I am sorry that this was omitted from our initial response, and I hope that it provides some clarity as to why exemptions were applied as they were.

I have reviewed the application of the exemptions, and am satisfied that in most cases, these were applied appropriately to withhold information. In particular, I have concluded that the exemptions at sections 36(1) (legal advice) and 38(1)(b) were applied correctly.

The exemption at section 36(1) has been applied to withhold some information because it is legal advice and disclosure would breach legal professional privilege. I have reconsidered the public interest test and have concluded that while there is a public interest in disclosure for reasons of openness and transparency, there is a greater public interest in protecting the right of the Scottish Government to receive legal advice in confidence.

I am further satisfied that the exemption at section 38(1)(b) was, for the most part, correctly applied to protect the personal data of third parties for the reasons set out in Annex A. However, I have concluded that a small amount of information (the name of the Chief Executive of Children’s Hearings Scotland) was incorrectly withheld under this exemption within Annex B9 and have disclosed that to you.

The initial response applied an exemption at section 30(b) of FOISA but did not specify which part of the exemption was being applied. The exemption applied is section 30(b)(i) (free and frank advice), and was applied to withhold advice between officials and to Ministers for the reasons set out in Annex A.

For the most part I am satisfied with the application of the exemption. The information withheld under section 30(b)(i) constitutes advice, disclosure of which would be likely to substantially inhibit officials from providing similar such advice in such terms in the future.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400442239 - Information Released - Annex

File type

PDF

File size

251.5 kB