24-25/86

I refer to your request for information dated 20 January 2024 (FOI 24 - 25 / 86) in which you submitted various queries regarding referrals made to the General Teaching Council for Scotland which we have handled under the Freedom of Information (Scotland) Act (FOISA).  

You asked for records of “ongoing or closed conduct investigations” in the “Croy and Culloden area within the Highland Council’s jurisdiction” from 01 July 2023 to 20 January 2025. 

We do not record the “specific administrative area” as you requested and so do not hold this information as per section 17(1)(b) of FOISA. However, I can confirm that between 01 July 2023 and 20 January 2025 there were 17 referrals related to conduct which GTC Scotland received regarding registrants employed by the Highland Council. Of these, 11 cases were closed and 6 remain open as data extracted on 21 January 2025. 

You have also asked which of these related specifically to “headteachers” within your request. Whilst we do hold information about this within the records we hold, given the number of records involved we consider that disclosure of this information could enable individuals to be identified. As a result, disclosure would breach the data protection principles set out in data protection legislation. FOISA does not require us to provide this sort of information as it is exempt undersection 38(1)(b).  

You may contact informationgovernance@gtcs.org.uk if you are dissatisfied with this response, to request GTCS 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 do so.

I refer to your request dated 13 February 2025 for a review of the response you received on 19 December 2024 to your original information request to GTC Scotland (FOI 24-25/86), dated 29 November 2024. Please accept my apologies for providing this response to you a day later than advised.

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:

1. Specific Administrative Area: Please refine the scope of my request to cover headteachers in the Croy and Culloden area within The Highland Council's jurisdiction.
2. Investigations: I am seeking information about ongoing or closed conduct investigations related to headteachers in this area.
3. Time Period: Please provide data covering the period from 1st July 2023 to 20th January 2025

On 13 February 2025, you sent an email requesting we review our decision in FOI 24-25/86 under section 20(1) of FOISA.

Your request for review

In your review request of 13 February you requested that we review our decision to withhold the number as, there is a “clear public interest in understanding whether leadership positions, such as headteachers are implicated in conduct investigations. This is particularly relevant to maintaining public confidence in the accountability of educators and educational institutions.”

However, you further stated that you are “willing to refine” your request and that “rather than detailed records, I am requesting:

1. A yes/no confirmation of whether any headteachers were included in the 17 referrals.
2. Alternatively, the total number of referrals relating to headteachers without specifying individual cases.

I believe this adjusted approach avoids any risk of identification while still providing valuable information in the public interest.

I kindly ask that you reconsider the application of Section 38(1)(b) in light of these adjustments.”

The additional information you have provided has been taken into account in relation to this review.

Our review response

Having considered the request and all relevant information, I have decided that the original decision to withhold the information requested, applying s38(1)(b), should be upheld.

While I note your comments about statistical information and there being a “clear public interest in understanding whether leadership positions, such as headteachers are implicated in conduct investigations”, where the information contained may result in the disclosure of the personal data of third parties, and the balance of the interests of third parties’ outweigh those of the requester, disclosure would breach the data protection principles set out in data protection legislation.

Disclosing personal data of third parties, i.e. data that identifies them, or is likely to identify them, and relates to them, would contravene the first data principle in Article 5(1)(a) of the UK GDPR which states that: “personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject”. Disclosure of such information into the public domain would be unfair and beyond their reasonable expectations of the use and disclosure of personal data. Those subject to a referral would not expect for their personal information, or information that may result in their identification, to be made publicly available in this way and therefore any such disclosure would contravene that first principle of the UK GDPR.

I note you refer to the public interest in disclosure. The public interest test does not apply to s38(1)(b) of FOISA where it is determined that disclosure would contravene the first data protection principle in Article 5(1) of the UK GDPR. It does, however, require for us to consider the 'legitimate interests' of the requester in receiving the information against the interest of third parties’ whose personal data may be disclosed, directly or indirectly. You have indicated that “there is a clear public interest in understanding whether leadership positions, such as headteachers, are implicated in conduct investigations. This is particularly relevant to maintaining public confidence in the accountability of educators and educational institutions.” While we appreciate your interest in receiving this information we consider that where such information would or could result in the disclosure of third party personal data, and ultimately a breach of third party data protection rights, the interest of the data subject outweighs that of your own interest in this statistical information.

I have therefore decided to uphold the application of section 38(1)(b) of FOISA, and to withhold this element of the information requested by you, as it would contravene the first data protection principle in Article 5(1)(a) of the UK GDPR.

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 their 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.