24-25/94

I refer to your request for information (FOI24-25/94) dated 10 February 2025 for records related to previous responses on our Disclosure Log which we have handled under the Freedom of Information(Scotland) Act (FOISA). 

You asked for “any documentation that you have indicating that the actions recommended in the paper attached (Option 1) were ever subject to public consultation at any time” which relates to a previous response on our Disclosure Log.

Please note that we have conducted a search, and do not hold a record referencing those options mentioned in the document labelled “16-18PRA(16)24”. I have therefore applied section 17(1)(b) of FOISA to this response as we do not hold this information.

By way of advice and assistance, I note you are requesting information based on a misunderstanding of a previous response, as well as the use of the word ‘later’ in another response on our Disclosure Log. As noted in the review response to that request, the use of that word was in relation to the reasons why the information shared had been deemed suitable for release under FOISA.

To reiterate, while our Committee papers and minutes are all private documents, we assessed that we were able to release this specific information. In particular, the information discusses the proposed revisals to the Fitness to Teach and Appeals Rules 2012 and introduction of the new Fitness to Teach Rules 2017 and managing that transition. Since this consideration took place in 2016, the public consultation that considered the proposed revisals to the Rules was completed in 2016 and the Fitness to Teach Rules, and associated transitional arrangements, have been in force since 2017, we considered that the passage of time and public nature of the consideration and implementation of the new rules meant the information requested would not be exempt under FOISA and therefore enabled release of the requested information. 

There has been no suggestion that the transitional arrangements, as proposed to and agreed by Committee and Council, went to public consultation. It is stated within the records released under FOI 24-25/62 and FOI 24-25/75 that the proposals were made while the public consultation was ongoing. The public consultation and associated documentation relating to the revisals to the Fitness to Teach and Appeals Rules 2012 remain accessible on our website.

You may contact informationgovernance@gtcs.org.ukto request GTC Scotland conduct a review of it if you are dissatisfied. 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.