Blue Badge Code of Practice for Local Authorities: FOI Review

Information requested

Original request: 202400436488

1. A copy of the latest version of the Blue Badge Code of Practice for Local Authorities, which we understand was created in 2022.

2. Any correspondence relating to the decision not to make the 2022 Code of Practice available online

3. Any documents and correspondence relating to the evaluation of how the Code of Practice is being used and implemented by local authorities.

4. Any correspondence relating to plans to revise the existing Code of Practice.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for the release of the Blue Badge Code of Practice.

I have concluded that a different decision should be substituted.

I have considered the original exemption applied to the response you received, analysed it alongside the document in question, and have concluded that the document can be released in part. I have included a copy of the Blue Badge Code of Practice, though it is important to note that exemptions do still apply to certain sections of information. These exemptions are explained in more detail below and are pinpointed within the document attached. I apologise that the original request was not handled this way, and we will be sure not to make blanket exemptions in future cases where possible.

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 information you have requested because exemptions under sections 30(c) (Effective conduct of public affairs) and 38(1)(b) (Personal data) of FOISA applies to that information. The reasons why these exemptions apply 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, i.e. names, contact details etc, as 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.

An exemption under section 30(c) of FOISA applies to some of the information you have requested. The information redacted under this exemption is minimal and contains only organisational telephone numbers/e-mail addresses. Disclosing these contact details would substantially prejudice our ability to have a line of communication with local authorities and effective information sharing to help progress the applications for the blue badge scheme. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the ability for local governments to contact social security Scotland to progress applications without those contact details being disclosed into the public which may lead to delays in processing application and the wrong contact details being released into the public domain and we need to ensure that the Scottish Government is able conduct this aspect of its business effectively.

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 202400445985 - Information Released - Annex

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PDF

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1.2 MB