24-25/51

I refer to your request for information (FOI 24-25/51) dated 17 October 2024 for a copy of a draft “internal Investigations Guidance Document” and “any information embedded within it” which we have handled under the Freedom of Information (Scotland) Act (FOISA).

I can confirm that we do hold this record and attach it as “FOI 24-25_51_Records" accompanying this response. You will note that the document has 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 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 on comments made on the document and on a later email exchange, this has been done under section 30(b)(ii) of FOISA as disclosure is likely to inhibit substantially the free and frank exchange of views for the purposes 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. 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 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 referenced in this response has provided the information required to understand how the process works. 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 Guidance document itself 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 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 Guidance 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.