24-25/60

I refer to your request for information (FOI 24-25/60) dated 1 November 2024 related to an internal review response on the Disclosure Log of GTC Scotland which we have handled under the Freedom of Information (Scotland) Act (FOISA). 

In your request you asked “why the review response to FOI23-24/49 does not appear” which was because preparation for placing the response on our disclosure log had not been completed.

You also asked “where on the website the attached review can be found”. The review that you refer to is currently on our Disclosure Log and I have therefore applied section 25(1) of FOISA to this query as this information is otherwise accessible.

If you are dissatisfied with this response, you may contact informationgovernance@gtcs.org.ukto request GTCS conduct a review of this decision. You should describe the original request and explain your grounds of review. You have 40 working days from receipt of this decision 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 29 November 2024 for a review of the response you received the same day to your original information request to GTC Scotland (FOI 24-25/60), dated 01 November 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:

Please could you provide copies of all correspondence seeking advice on this issue, and all responses received.

To which we provided the following response:

We note that this is the third time you have asked for these records as per FOI 23-24/82 and 24- 25/02. We have conducted a search for these records and have applied section 17(1)(b) of FOISA as no information held. By way of advice and assistance, please note that internal review responses have been on available on our website since July 2024.

In your response you asked:

Please could you explain why the review response to FOI23-24/4S does not appear

Please could you also let me know where on the website the attached review can be found?

On 29 November, we provided an explanation as to your request and applied section 25(1) as the information is otherwise accessible.

On 29 November, you sent an email requesting we review our decision in FOI 24-25/60 under section 20(1) of FOISA.

Your internal review request

In your review request of 29 November, you state:‍

‍You have told me that response to FOI23-24/4S did not appear because preparation for placing the response on your disclosure log had not been completed. However, you previously told me that “Byway of advice and assistance, please note that internal review responses have been on available on our website since July 2024” – so this is inconsistent.

As I pointed out on 10th November, the published version of FOI23-24/4S is not correct, so the correct response still does not appear on your disclosure log. The correct version (attached) contains the words “I have concluded that the original application of section 14(2) and subsequent decision to refuse your request was incorrect and instead apply section 17 – information not held”. I have attached a screenshot to provide evidence that today the published response is an incorrect record.

The link you sent to your FOI disclosure log does not actually point to the review response that I had attached so this information is not a valid response to my request for information

Our response

I have dealt with each of your points above, in turn:

1. By way of advice and assistance, our practice was amended in July 2024 to begin uploading review responses to our Disclosure Log. Since that time we have been undergoing a process of uploading historic reviews as and when we are able to do so.
2. Please note that the response published on the Disclosure Log contains this wording. I therefore apply s25 – information otherwise available.
3. I note that the information you have been provided in relation to this was to the incorrect Disclosure Log entry. I believe this was simply due to a misreading of your request and relating this to 23-24/49. The review you are referring to has not yet been uploaded. As noted above, by way of advice and assistance, we are progressing through historic requests on the Disclosure Log.

I trust that this addresses the points raised in review 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 the 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.