24-25/53

I refer to your request for information (FOI 24-25/53) dated 22 October 2024 for records related to a previous response (FOI 22-23/60) which we have handled under the Freedom of Information (Scotland) Act (FOISA). 

You asked for records in relation to a response on our Disclosure Log which references five specific cases under the Fitness to Teach process as cancelled following implementation of the Fitness to Teach Rules 2017. You have now asked “of these five cases” how many had a referral “made within five years of the most recent alleged misconduct.” 

Please note that my colleagues within our Regulatory Investigations have searched and we do not hold a record identifying the specific five cases. I have therefore applied section 17(1)(b) of FOISA to this response as we do not hold this information. 

However, by way of advice and assistance, I can advise you that we have been able to identify four cases as part of our search for these records. Of these four cases, two involved referrals which had been made within five years of the alleged misconduct.

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.

I refer to your request dated 21 November 2024 for a review of the response you received on 19 November to your original information request to GTC Scotland (FOI 24-25/53), dated 22 October 2024.

You have expressed dissatisfaction with our response to your information request. To enable your review request to be considered afresh and by someone who has not responded to your original request, I have been appointed to undertake the internal review on behalf of GTC Scotland.

Your original request

In your original request you asked for the following:

I refer to your response to Freedom of Information Request Reference 22-23/C0 on your disclosure log (attached). In your response you say:

5 cases had reached the hearing stage and were cancelled following consideration at procedural hearings.

Please could you let me know, of these five cases, for how many had the complaint (now known as “referral”)been made within five years of the most recent alleged misconduct?

On 19 November 2024, we indicated that we did not hold a record identifying the five specific cases and applied section 17(1)(b) of FOISA. On 21 November2024, you sent an email requesting we review our decision in FOI 24- 25/53 under section 20(1) of FOISA.

Your internal review request

In your review request of 21 November, you state:

There is a conflict with information previously provided under FOISA. The conflict has not been adequately explained under Section 15

Please see our response to your request for an internal review below.

Our response

As noted in previous responses relating to the same Disclosure Log entry, the response you have referenced on our Disclosure Log refers only to numbers of cases, it does not refer to case names or references and therefore we are unable to verify which cases this response referred to and therefore unable to provide a response to this request.

As such, I uphold our original response and our application of section 17(1)(b)of FOISA to this response.

As highlighted to you previously, and by way of advice and assistance, we are able to provide records related to current data held by GTC Scotland and not that based on the previous statistical figures included in a disclosure log response. If you were able to reframe your request to refer to the information you wish to retrieve from GTC Scotland, that is not based on previous statistics provided, we could then review our records and provide any information that we may hold in relation to that request.

If you are dissatisfied with this response to your review request, you have a right of appeal to the Scottish Information Commissioner within 6 months of this review response. The Scottish Information Commissioner’s guidance on making an appeal describes the process, including the application form. Further information, including relevant contact details is available on its website. If you are dissatisfied with the decision of the Commissioner, following an appeal to the Commissioner, you have a right of appeal to the Court of Session on a point of law.