FOI/202600513113 · FOI · partially withheld
Scottish Government report on home education information: FOI release
Information requested
1. A copy of the report, if it has been completed.
2. If the report has not yet been published, any draft versions, working papers, or scoping documents prepared in relation to it.
3. Any internal correspondence (including emails, briefings, minutes, or submissions) held by the Scottish Government concerning:
the commitment to produce the report; the scope, purpose, or intended content of the report; responsibility for producing the report (including any role of Education Scotland or HM Inspectors).
4. Any timelines, delivery plans, or internal deadlines established for the report.
5. Any evidence gathering, stakeholder engagement, or analysis undertaken to inform the report.
6. Any communications between the Scottish Government and external parties (including local authorities, representative organisations, or third sector bodies) regarding the report.
7. Any records setting out the Scottish Government’s interpretation of the commitment made during the Stage 3 debate (including how it is being implemented or taken forward).
Response
I enclose a copy of most of the information you requested electronically, in the format you asked for.
Your request stated: "During the Stage 3 proceedings of the Education (Scotland) Bill in June 2025, in response to an amendment lodged by Ross Greer MSP concerning home education, the Cabinet Secretary for Education gave a commitment on behalf of the Scottish Government to produce a report on home education by March 2026." The Cabinet Secretary instead gave a commitment to commence a review on home education by March 2026. The information provided therefore relates to the progress to date.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.29(1)(a) (policy formulation), s.29(1)(c) (advice by the Law Officers), s.30(b) (free and frank exchange), s.30(c) (the effective conduct of public affairs) and s.38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.
s.29(1)(a) (policy formulation)
An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested. Section 29(1)(a) of FOISA exempts information from disclosure where it relates to the formulation or development of government policy.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because it contributes to open and transparent government. However, this is outweighed by the public interest in ensuring that officials have the necessary private space to discuss and develop policy at preliminary stages. Disclosure at this stage would be likely to constrain policy development and could lead to misunderstanding, as the information relates to policy under development rather than settled government policy.
s.29(1)(c) (advice by the law officers)
An exemption under section 29(1)(c) of FOISA applies to some of the information you have requested. Section 29(1)(c) of FOISA exempts information from disclosure where it relates to the provision of advice by any of the Law Officers (or any request for such advice).
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because it would enhance transparency and accountability in government decision-making, including access to information that informs policy development. However, this is outweighed by the public interest in maintaining the confidentiality of legal advice provided by the Scottish Government Legal Directorate. Disclosure would be likely to inhibit the provision of candid legal advice and discourage future requests for such advice, which would hinder the effective formulation and development of government policy.
s.30(b) (free and frank exchange)
An exemption under sections 30(b)(i) and 30(b)(ii) of FOISA applies to some of the information you have requested. Section 30(b) of FOISA exempts information where disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because it supports open and transparent government. However, this is outweighed by the public interest in allowing officials the necessary private space to develop policy options, explore risks, and record candid thinking while policy is under consideration. Disclosure would be likely to undermine the quality of policy development by inhibiting the free and frank provision of advice and exchange of views, as officials may be less willing to express candid opinions or explore options fully if such deliberations were routinely disclosed.
s.30(c) (the effective conduct of public affairs)
An exemption under section 30(c) (the effective conduct of public affairs) of FOISA applies to some of the information you have requested. Section 30(c) of FOISA exempts information where disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because it promotes transparency. However, this is outweighed by the public interest in ensuring that the effective conduct of public affairs is not prejudiced. Disclosure would be likely to disrupt the proper handling of sensitive matters and could lead to misunderstanding or misinterpretation of information relating to ongoing work rather than finalised decisions.
s.38(1)(b) (personal information)
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. Section 38(1)(b) of FOISA exempts information from disclosure if it relates to the personal data of third parties. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.29(1)(a) (policy formulation), s.29(1)(c) (advice by the Law Officers), s.30(b) (free and frank exchange), s.30(c) (the effective conduct of public affairs) and s.38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below. s.29(1)(a) (policy formulation) An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested. Section 29(1)(a) of FOISA exempts information from disclosure where it relates to the formulation or development of government policy. This exemption is subject to the 'public interest test'.