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.

We refer to your request for a review dated 24 June 2025 of our initial response of 29 May 2025 to your request of 16 April 2025, which we have handled under the Freedom of Information (Scotland) Act 2002 (FOISA).

Your original request

In your original request you asked the following:

Please provide me with a copy of all information held with regard to concerns about teachers being bullied or mistreated by other teachers. To help narrow this down I want to know if the GTCS is aware of this issue and if so what actions has it taken to address it in the professions best interest.

On 29 May 2025, we responded to your request by providing relevant records and applying exemptions to various portions of your request. On 24 June 2025, you sent an email requesting we review our decision in FOI 25-26/007 under section 20(1) of FOISA. You expressed dissatisfaction with our initial response to your information request. We have undertaken a review of our initial response to your request.

Your internal review request

In your review request of 24 June, you state:

"I have a concern with exemption 35(1)(g) being applied to the feedback provided to the GTCS. I am struggling to see how the sharing of this feedback would adversely affect the GTCS in the performance of its functions and would like you to reconsider this again especially given that the GTCS has disclosed its response to the individual disclosing the feedback. This is a potential contradiction in itself, i.e., I can't disclose what they told us for fear it would adversely affect us but its not an issue to tell you what we told them in response to their concerns. The feedback also indicates a serious issue and given this I believe that its in the public interest to see what issue was raised with the GTCS for transparency and accountability reasons given the important functions the GTCS is responsible for."

Please see our response below.

Our response

We are satisfied that we correctly applied the exemption within section 35(1)(g) in withholding the requested information from disclosure to you under section 1 of FOISA, for the reasons set out below.

Section 35(1)(g) of FOISA provides that information is exempt from disclosure if it would, or be likely to, prejudice substantially the exercise by any public authority of its functions, including, ascertaining whether a person is responsible for conduct which is improper, whether circumstances which would justify regulatory action in pursuance of any enactment which exists or may arise as well as ascertaining a person’s fitness or competence in relation to any profession which the person is, or seeks to become, authorised to carry on.

The Scottish Information Commissioner’s guidance on section 35(1)(g) states that any public authority wishing to rely on this exemption must show it has the power or obligation to carry out the relevant function. Under section 18(1) of the Public Services Reform (General Teaching Council for Scotland) Order 2011, GTC Scotland must investigate the fitness to teach of any individual seeking registration and may investigate any registered teacher’s fitness to teach where it becomes aware of circumstances which it considers justify such an investigation.

Section 35(1)(g) is subject to a public interest test under FOISA which we have considered for disclosure balanced against the public interest in maintaining this exemption.

We understand that there is public interest in authorities operating openly and transparently, including informing the public on matters related to its statutory functions. However, given that GTC Scotland administers a process which requires privacy and confidentiality to work, the public interest is satisfied by withholding the record in this instance.

In your review request, you suggest a “potential contradiction” in withholding the “feedback” received by our organisation while disclosing the “response to the individual” who submitted it. This is not a contradiction. We applied section 35(1)(g) to much of the content of an email we received from a third party who wrote to us in specific terms about an issue that relates to our role as the independent regulator for teachers in Scotland. We considered it appropriate to disclose enough detail to give an indication of the context of our response but to share more would likely undermine the trust that third parties place in the expectation that they can share information with us confidentially. We were able to share the response that we provided to that correspondence with you in full because it is written in general enough terms that when decontextualised, it provides information we consider pertinent about our engagement with the issue you raise in your request without undermining that trust.

We value transparency, which is why this response appears on our Disclosure Log for the public to access. On balance however, we consider that the public interest in respect of our application of section 35(1)(g) of FOISA lies in favour of maintaining the exemption, rather than disclosing the information to you under FOISA. We therefore uphold our initial response to your request without modification.

If you are dissatisfied with this response to your review request, you have a right of appeal to the Scottish Information Commissioner within 6 months of this review response. The Scottish Information Commissioner’s guidance on making an appeal describes the process, including the application form. Further information, including relevant contact details is available on its website.