Original request
Summary of request
Full request
I refer to the response below and your statement that:
Finally, you asked, how many involved a case “where the application to cancel cited the fact that five years had passed since the most recent alleged misconduct”. In 2 cases, the application for cancellation cited the fact that 5 years had passed.
For each of the two cases referred to in this statement (those for which the application for cancellation cited the fact that 5 years had passed), please could you:
- Let me know the date of the panel meeting where the application for cancellation was considered
- Provide a copy of the information previously published on your website about the outcome of the panel hearing that considered the application
Response
I refer to your request for information (FOI 24-25/76) dated 6 December 2024 which we have handled under the Freedom of Information (Scotland) Act (FOISA).
In your request you requested, in relation to our response provided to FOI 24-25/52, the following:
- Let me know the date of the panel meeting where the application for cancellation was considered
- Provide a copy of the information previously published on your website about the outcome of the panel hearing that considered the application
I can confirm that the dates of the panel meetings were 18 April 2023 and 12 September 2023.
In relation to the outcomes requested, these have been withheld under s38(1)(b). As you are aware, this is a current live issue that is under consideration by OSIC in relation to decisions that are no longer on our website being considered personal data and our response to requests for such information from members of the public, where we do not consider their legitimate interests to outweigh those of the individual(s) involved.
We therefore maintain that position until we receive a determination from OSIC and withhold the outcomes, being inherently personal data of the individual(s) involved, under s38(1)(b).
While these decisions have previously been made available on our website, they were made so in line with our publication policy. Since the processing of personal data must be fair as well as lawful, we consider that we have an obligation to manage such information in ways that parties to the Fitness to Teach process would reasonably expect, unless we consider there to be a legitimate interest in the requester receiving that information that outweighs that of the individual(s) involved.
If you are dissatisfied with this response, you may contact informationgovernance@gtcs.org.uk 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 do so.
Response file
Internal Review request
Summary of request
