25-26/007

We refer to your request for information (FOI 25-26/007) dated 16 April 2025 for records which we have handled under the Freedom of Information (Scotland) Act (FOISA). Please accept our apologies for providing you with this late response.

You asked for "all information held” regarding “concerns about teachers being bullied or treated by other teachers” as you wanted “to know if the GTCS is aware of this issue” and “what actions” have been taken.

On 23 April 2025, we requested that you provide us with clarification in the form of a time-period and specific parties to be considered in a search. You indicated on the same day that you considered “headteachers” as part of your request and were prepared to restrict it “to the previous 4 years.” Thank you for providing us with these clarifications.

With regards to your request, specifically regarding whether GTC Scotland “is aware of this issue”, we have conducted a search for records and identified the following as containing information falling within the scope of your request:

1. A Fitness to Teach Report and a Registration Snapshot Report including an online video;
2. Newsletters referencing the Registration Snapshot report
3. A Draft Fitness to Teach Case and Referrer Profile Report;
4. An email exchange regarding the topic of bullying;
5. Various responses to surveys conducted with stakeholders on the topic.

Some of these records have been provided in the attached file accompanying this response while others have been withheld due to the exemptions outlined below:

The Fitness to Teach Report and a Registration Snapshot Report including an online video.

As the Fitness to Teach insight report, a Registration Snapshot Report and video discussing it are available online, we have applied section 25(1) to these records as they are otherwise available to you. This is an absolute exemption under FOISA and so there is no requirement for us to consider the public interest test in relation to this exemption.

Newsletters referencing the Registration Snapshot report

These have been provided in the enclosure labelled “FOI 25-26/007-Records” accompanying this response.

A draft Fitness to Teach Insight Report

This document is a draft version of a Report that we intend to publish in due course. It contains a mixture of advice, discursive comments and factual comments. We consider that a number of exemptions apply to this report, which we are withholding from disclosure in its entirety at this time. The exemptions that apply are as follows.

In relation to the information that constitutes advice contained in the report, we consider that disclosure of this information into the public domain would substantially inhibit the free and frank provision of advice on key matters for GTC Scotland. In respect of that information, we have applied section 30(b)(i) of FOISA.

In respect of the information that constitutes discussion in the report, we consider that disclosure of this information would substantially inhibit the free and frank exchange of views for the purposes of deliberation on matters of considerable importance to GTC Scotland and in the wider public interest.

In relation to information included in the report that is simply factual information, we consider that the exemption in section 30(c) of FOISA applies, as disclosure of this information into the public domain at this time would substantially prejudice our ability to perform our statutory functions which include preparation of material such as that contained in the Report in connection with our Fitness to Teach responsibilities. If this were to be placed in the public domain, we consider that there would be a reluctance to share factual details in the future preparation of reports.

An email exchange regarding the topic of bullying (enclosure labelled “FOI 25-26/007”); and (5) Various responses to surveys conducted with stakeholders on the topic

We have provided an enclosure, labelled “FOI 25-26/007”, where various portions of the records have been redacted as certain exemptions under FOISA apply. Where the redaction is in red, this has been done to protect the personal information of individuals as disclosing this information would identify individuals. The Freedom of Information (Scotland) Act 2002 (FOISA) does not require us to provide this sort of information as it is exempt under section 38(1)(b) (read with section 38(2A)(a), where disclosure would be in breach of one or more of the data protection principles contained in Article 5(1) of the UK GDPR. We consider that disclosure of this personal data in this instance would be beyond the reasonable expectation of, and therefore unfair to, the data subjects concerned. By being unfair, it would also be unlawful and in breach of the data protection principle in Article 5(1)(a) (fairness, lawfulness and transparency).

Where the redaction is in black, this has been done under section 35(1)(g) as disclosure would, or would be likely to, prejudice substantially the exercise by our functions. Specifically, by releasing the records our ability to receive information from third parties in the performance of our regulatory function in the future would be adversely affected.

There is a clear public interest in the transparency and accountability of public authorities, particularly in relation to its regulatory functions. This is why GTC Scotland publishes its Fitness to Teach outcomes for review on its website. However, there is also considerable public interest in GTC Scotland entering discussions with stakeholders and protecting the information of those third parties to ensure those relationships are not compromised. In this case, we consider that the public interest in withholding the requested information outweighs the public interest in releasing it.

Regarding the various responses to surveys conducted with stakeholders, these have been withheld for the same reasons as given above under the exemptions in section 38(1)(b) and section 35(1)(g) of FOISA.

Records related to actions taken

In terms of what information we hold in relation to “what actions have been taken”, we would hold outcomes in a Fitness to Teach matter where an individual is the subject of a referral involving bullying.

Due to the significant amount of time and resources it would take to locate and retrieve these records, we have determined that section 12(1) of FOISA would apply to this element of your request due to the excessive cost of compliance. Section 12(1) provides that section 1(1) of FOISA does not oblige a Scottish public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the amount prescribed in regulations made by the Scottish Ministers, which is currently £600. Please see our detailed Fees Notice below:

• The number of records to be interrogated: 748 conduct referrals
• Actual cost of staff time at hourly rate of member of staff: £15.00‍
• Number of hours required to complete the search: 748 records at an average of 5 minutes per record for a total of 62.33 hours.‍
• Total cost: 62.33 hours multiplied by £15.00 per hour = £935

By way of advice and assistance, if you were to limit the scope of your request fitness to teach outcomes relating to teachers bullying other teachers between 25 April 2024 and 25 April 2025, we estimate that this would cost approximately £266 to provide you with the information that would fall within the scope of your refined request.

This would bring the request within the regulated fee range. Please let us know if you wish to make a more limited request for information.

If you are dissatisfied with how we have dealt with your information request, you can contact informationgovernance@gtcs.org.uk to request that GTC Scotland conduct a review of this response under FOISA. You should describe the original request and explain why you are dissatisfied with our response to your initial request. You have 40 working days from receipt of this response to submit a review request.

If you are still dissatisfied with our response, following a review, you have a right to apply to the Scottish Information Commissioner for a decision within 6 months. Details of how to do this are set out in the Commissioner’s Guidance available on the Commissioner’s website at: Appeal to the Commissioner | Scottish Information Commissioner.