24-25/32

I refer to your request for information dated 16 August 2024 (FOI 24-25/32) in which you asked for “all information held pre the approach to the PSA last year with regard to the rationale [sic] behind why the GTCS felt it necessary to reach out to the PSA in the first instance” which we have handled under the Freedom of Information (Scotland) Act (FOISA).

By way of advice and assistance, you may be interested in a Call for Views which was recently published on the GTC Scotland website on the Fitness to Teach Rules.

With regards to your request, we have identified records regarding “why the GTCS felt it necessary” to “approach the PSA” on 24October 2023. The identified records include the following:

• An internal, draft document labelled “Requirements for Independent Reviewer” dated October 2023;
• An email sent internally to colleagues within GTC Scotland discussing the purpose and scope of the review dated 18 October;
• An email and response from the Institute of Chartered Accountants in England and Wales on their experience commissioning a review dated 19 and 20 September 2023;
• An email and response from the Institute of Chartered Accountants Scotland on their experience commissioning a review dated 19 and 20 September 2023;
• An email and response from Social Work England on their experience commissioning a review dated 19 and 20 September 2023;
• An email and responses from the General Medical Council Scotland on their experience commissioning a review dated 19 and 28 September 2023.

We have elected to withhold the internal, draft document labelled “Requirements for Independent Reviewer” dated October 2023 as it is exempt under section 30(b)(i)(ii) and section 30(c) of FOISA. By way of explanation, please note that this document was not shared with the PSA as it was a working document for internal discussion only to identify the purpose and scope of a review.

These exemptions are subject to the public interest test. Whilst there is clear public interest in the transparent operation of public authorities, which is why the finalised report of the PSA’s review will be made publicly available,  there is also significant public interest in GTC Scotland being able to create draft documents for internal consideration in a private space so that they can be articulated, developed, discussed and tested. Disclosure of this draft, internal document would be likely to substantially inhibit the development of such internal documents if employees knew they could be disclosed under FOISA. We consider the public interest in withholding this information outweighs the public interest in disclosure.

You will note that the documents I have provided have been redacted in line with our obligations under FOISA. Where the redaction is in red, this has been done to protect the personal information of individuals as disclosing this information could enable individuals to be identified. FOISA does not require us to provide this sort of information as it is exempt under section 38(1)(b).

Where the redaction is in black, this has been done under section 30(b)(i) and (ii) as disclosure is likely to inhibit substantially the free and frank provision of advice as well as the free and frank exchange of views for the purpose of deliberation.

There is clear public interest in the transparent operation of public authorities, and this is why we make our Fitness to Teach Rules, Threshold Policy, and other information about our fitness to teach investigations process publicly available. Additionally, we will be making the report completed by the PSA publicly available. However, there is also a significant public interest in GTC Scotland being able to consider various options relating to improving the processes which support our fitness to teach obligation without the concern that these communications during the commissioning process will be made public.

GTC Scotland needs to review its procedures in the light of changing and evolving regulatory practice in a private space so that we can develop, discuss, test and revise them continually. Disclosure of these records would substantially inhibit that procedure. We also consider that the publicly available documentation already available has provided the information required to understand how the decision to commission a review was reached. In this case and for these reasons, we consider that the public interest in withholding this information outweighs the public interest in releasing it.

We also consider that releasing those sections of the document which have been redacted in black would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs under section 30(c) of FOISA.

As stated, while there is a clear public interest in the transparent operation of public authorities it is necessary for their proper functioning that review procedures be considered internally without public scrutiny. We need to develop internal thinking and the procedures which will be reviewed in the light of changes and evolving regulatory practice in a private space so that we can develop, discuss, test and revise them. The correspondence includes colleagues applying their minds to these issues by using their skill and expertise to discuss and engage in a developing process through suggestions and free and frank discussions.

If these records were to be placed in the public domain by disclosing it to you under FOISA, we consider that there would be a reluctance to share factual details of experience with other regulators and so more restrained, and less helpful contributions will be made over time. This would have a significant adverse impact upon our Regulatory Investigations team and other GTC Scotland employees involved in this work who need to be able to engage in frank discussions where relevant, for the purpose of undertaking their functions in relation to Fitness to Teach process.

You may contact informationgovernance@gtcs.org.uk if you are dissatisfied with this response, to request GTC Scotland conduct a review of it. You should describe the original request and explain your grounds of review. You have 40 working days from receipt of this response to submit a review request. When the review process has been completed, if you are still dissatisfied, you may use the Scottish Information Commissioner’s guidance on making an appeal to make an appeal to the Commissioner.