Modelling for class contact reduction: FOI release

Information requested

1. Any planning / modelling data around the reduction in teachers' class contact time by 90 mins, including local authority and, in the case of secondary schools, subject-specific breakdowns
2. Any information regarding meetings held to discuss this policy. This would include notice of attendees, briefing documents, personal notes and minutes

NB: I expect that this request will already ensure that the full document entitled 'Reduced Class Contact Time Analysis - Jan 2022' (highlighted green below) will be release, but for the avoidance of doubt I can confirm that I wish all of that information to be provided to me. This can be dealt with as a separate request if need be (although this seems extremely unlikely to be the case).

Response

I am able to provide you with some of the information you requested.

With regard to request 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 exemptions under s.14(2) (identical or substantially similar), s.29(1)(a) (policy formulation), s.30(b)(ii) (free and frank exchange of views) and s.38(1)(b) (personal information) of FOISA applies to that information.

An exemption under section 14(2) of FOISA a public authority is not required to comply with a request for information if it is identical or substantially similar to a request which it has already complied with, unless a reasonable amount of time has elapsed between the two requests.

This request is substantially similar to your previous request 202200275182 which we responded to on 30 March 2022. I am aware that you requested a review of the application of exemptions in that response (Our ref 202200296229) which the Scottish Government responded to on 16 June 2022. The Scottish Information Commissioner’s guidance on repeated requests at: Briefings and guidance | Scottish Information Commissioner (itspublicknowledge.info) says that in considering whether a reasonable period of time has elapsed between the previous request and the new request, there are two questions which will help the authority:

(i) has the information changed?

(ii) have the circumstances changed?

In this case, the information we hold is the same as at the time of your previous request. We have also considered the circumstances and have concluded that there has been no significant change. For these reasons, we consider that your request is repeated and we are not obliged to comply with it.

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 [formulation and development of the Scottish Government’s policy on the Reduction of Class Contact Time.

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 the Reduction of Class Contact Time 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.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on the Reduction of Class Contact Time will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions have not been taken.

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 allowing Ministers and officials a private space within which to explore and refine the Government’s policy on the Reduction of Class Contact Time, until the Government as a whole can adopt policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, 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 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, eg 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.

With regard to request 2, eight meetings have been held by the Scottish Government on the subject of reducing class contact time. The purpose of these meetings was to inform and update on the ongoing formulation and development of policy. As the purpose of the meetings was not decision making minutes were not taken; however, an action point was recorded at the meeting on 8 April and is referenced in the Annex.

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 exemptions under s.29(1)(a) (policy formulation) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

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 formulation and development of the Scottish Government’s policy on the Reduction of Class Contact Time.

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 the Reduction of Class Contact Time 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.

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, eg 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.

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 - 202200301620 - Annex A

File type

9 page PDF

File size

605.5 kB