24-25/80

I refer to your request for information dated 20 December 2024 (FOI 24-25/80) in which you requested records related to risk registration which we have handled under the Freedom of Information (Scotland) Act 2002 (FOISA).

Specifically, you noted that “in the GTCS annual review child safeguarding is listed as the top risk” and requested “information used to form this view, plans for mitigations and any entries in the GTCS’s risk register” which we address below.

Much of the annual report 2023/24 addresses these queries, specifically how risk management is addressed through the Strategic Plan. For more information, please see the GTC Scotland Strategic Plan 2023: Trusted Teaching which considers planned mitigations and information used in its creation. We have therefore applied section 25(1) of FOISA to the query for the “information used to form this view” and “plans for mitigations” requested as this information is otherwise accessible.

The annual report also explains that we “maintain a risk register that details the most significant risks to the delivery of our strategic priorities.” As a result, the risk entitled “Child and Public Protection” appeared in the annual report due to its current entry on the GTC Scotland risk register.

I have provided a copy of this entry as it appears on the risk register as a record labelled “FOI 24-25_80_Record" accompanying this response.

Where I have withheld portions of the record, I consider it is exempt under section 30(b)(ii) and section 30(c) of FOISA.

Where the records have been withheld under section 30(b)(ii) this has been done as disclosure is likely to inhibit substantially the free and frank exchange of views for the purpose of deliberation.

There is clear public interest in the transparent operation of public authorities, and this is why we made a summary of key risks publicly available and ask for Feedback from all users of our services. However, there is also a significant public interest in GTC Scotland being able to consider its various procedures in private to implement them without the concern that such deliberations and assessment of risk will be made public during the process.

GTC Scotland needs to be able to have free and frank exchanges and reflect consideration of matters in a private space so that these matters can be articulated, scheduled and reviewed. Disclosure of these records would be likely to substantially inhibit the exchange of views and provision of advice if employees knew they could be disclosed under FOISA. We consider the public interest in withholding this information outweighs the public interest in disclosure.

We also consider that releasing the records would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs under section 30(c) of FOISA.

As stated, while there is a clear public interest in the transparent operation of public authorities it is necessary for their proper functioning that risk assessment be considered internally without public scrutiny. We need to consider all forms of risk in a private space so that these can be properly developed and reviewed. Releasing unredacted versions of these records would prejudice the risk assessment process.

If these records were to be placed in the public domain by disclosing it to you under FOISA, we consider that would prejudice the process substantially. The consideration of risk requires a private space while it remains ongoing.

Disclosure would have a significantly adverse impact upon employees involved in this type of work who need to assess entries on the register and carry out their roles in relation to its risk management. We consider the public interest in withholding this information outweighs the public interest in disclosure.

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 do so.