24-25/102

We refer to your request for information dated 13 March 2024 (FOI 24-25/102) in which you asked various questions in relation to transitional arrangements which we have handled under the Freedom of Information (Scotland) Act (FOISA). Please accept our apologies for the delay in responding to this request.

Your correspondence includes asking if you have “understood correctly” or “alternatively point out any aspect” that you have not understood on this matter. We note that this does not appear to be a request for records that we hold, but rather a request for advice, further explanation, narrative or ongoing discussion with GTC Scotland. FOISA provides a right of access to records that we hold in a recorded format, rather than a vehicle for continuing engagement, discussion or opinion on any particular matter.

Turning to those aspects of your correspondence which we consider to be requests for information, firstly, you asked, for the date that “transitional arrangements” approved in December 2016 were made public. We have conducted a search for and confirm that we do not hold information related to this query, in terms of section 17(1)(b) of FOISA.

Secondly, you asked for the date “on which the person or organisation who brought the original referral” was “informed of the existence” of the transitional arrangements. As has been previously explained to you in response to previous requests, to establish this population we would have to interrogate a historic spreadsheet. To locate and retrieve the information we would need to interrogate 840 records, in the form of referrals dating back to prior 14 December 2016, to determine if they fit the criteria of your request. Due to the significant amount of time and resources it would take to interrogate the records we have determined that section 12(1) of FOISA would apply due to the excessive cost of compliance. Please see our detailed Fees Notice below:

The number of records to be interrogated: 840

Actual cost of staff time at hourly rate of member of staff: £15.00 as the search would need to be undertaken by a Regulatory Case Manager who has the required knowledge.

Number of hours required to complete the search: 840 records at an average of 20 minutes per record for a total of 210 hours.

Total cost: 280 hours multiplied by £15.00 per hour = £4200

We have already noted in response to a previously similar request that to respond to this request would require us to interrogate a historic spreadsheet which we hold that is no longer in use, relating to cases prior to December 2016. As a result, this spreadsheet provides records that we can use for providing a response and focusing our searches required, however, given the passage of time and the way in which these were recorded, we cannot guarantee that the spreadsheet is all encompassing and provides every case relevant to your request.

However, given the changes to the way in which we recorded this type of information, which changed at the time of the implementation of the new rules, I can advise that if you were to request information from 2017, which may include cases which were cancelled in 2016 but not closed until a later date and therefore recorded in our current database, then we may be better able to assist in your request.

Thirdly, you asked, of the above population, on what date was the “person or organisation who brought the original referral” informed that “instructions had been issued to the presenting officer” regarding the transitional arrangements. Similarly, the searching required in response to your second question would apply to your third. As such, we have applied section 12(1) of FOISA in the same terms as noted above to this request.

You may contact informationgovernance@gtcs.org.uk if you are dissatisfied with this response, to request GTC Scotland 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. Should you remain dissatisfied following a review by GTC Scotland, you have a right to apply for a decision to the Scottish Information Commissioner under FOISA. Information about how to make an application to the Scottish Information Commissioner can be found on the Commissioner’s website.