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FOI/202600514904 · FOI · not held

Student Awards Agency Scotland - Information on compliance with Supreme Court judgment: FOI release

Published
2026-10-21
Received
2026-04-17
Responded
2026-05-18
Directorate
Topic
Education, Public sector
Exemptions
3, 17(1)

Information requested

1. Has Student Awards Agency Scotland obtained their own legal advice on complying with the judgement and with all relevant legislation and regulations?

2. If the answer to this is yes, can you please provide me with: a. A copy of the legal advice obtained by Student Awards Agency Scotland b. The total cost to Student Awards Agency Scotland of obtaining that advice c. A copy of any planned actions, including timetables, Student Awards Agency Scotland has drawn up based on the advice received and ensuring that Student Awards Agency Scotland will be compliant, as an employer and as a service provider, with the judgement and with all relevant legislation and regulations d. A note of the total costs anticipated to Student Awards Agency Scotland of changes needed to policy and practice to ensure compliance with the judgement and with all relevant legislation and regulations

3. If the answer to question 1 is no, can Student Awards Agency Scotland provide copies of papers and minutes which cover the decision-making process deciding not to obtain legal advice?

4. Has Student Awards Agency Scotland flagged the reputational, financial and other risks associated with non-compliance with the judgement and with all relevant legislation and regulations, in the Student Awards Agency Scotland Corporate Risk Register?

5. If yes, can you please provide me with a copy of the Corporate Risk Register entry?

6. If no, can you please provide me with a copy of papers, emails and any relevant correspondence associated with a decision not to include the matter in the Corporate Risk Register.

Response

Has Student Awards Agency Scotland obtained their own legal advice on complying with the judgement and with all relevant legislation and regulations?

SAAS has not obtained separate, organisation-specific legal advice on this matter.

SAAS is an Executive Agency of the Scottish Government and operates within the framework of Scottish Government policy and guidance. Legal interpretation of legislation and court judgments relevant to public bodies in Scotland is led centrally by the Scottish Government.

In relation to the UK Supreme Court ruling referenced in your request, SAAS has not identified any direct impact on its functions. SAAS administers student support funding in line with statutory criteria and policy. These do not involve assessment or decision-making based on a person’s sex. SAAS will continue to operate in accordance with applicable legislation and Scottish Government guidance.

If the answer to this is yes, can you please provide me with:

A copy of the legal advice obtained by Student Awards Agency Scotland The total cost to Student Awards Agency Scotland of obtaining that advice A copy of any planned actions, including timetables, Student Awards Agency Scotland has drawn up based on the advice received and ensuring that Student Awards Agency Scotland will be compliant, as an employer and as a service provider, with the judgement and with all relevant legislation and regulations A note of the total costs anticipated to Student Awards Agency Scotland of changes needed to policy and practice to ensure compliance with the judgement and with all relevant legislation and regulations

SAAS does not hold recorded information in scope of this request, as no separate legal advice has been commissioned.

Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not have the information requested.

If the answer to question 1 is no, can Student Awards Agency Scotland provide copies of papers and minutes which cover the decision-making process deciding not to obtain legal advice?

SAAS does not hold recorded information specifically documenting a formal decision not to seek separate legal advice.

SAAS operates in accordance with Scottish Government policy and legal guidance. No separate documentation was created in this instance.

Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not hold the information you have requested.

Has Student Awards Agency Scotland flagged the reputational, financial and other risks associated with non-compliance with the judgement and with all relevant legislation and regulations, in the Student Awards Agency Scotland Corporate Risk Register?

SAAS does not hold recorded information relating to a specific decision not to include this matter in the Corporate Risk Register.

No separate documentation was created in this instance.

Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not hold the information requested.

If yes, can you please provide me with a copy of the Corporate Risk Register entry?

This is not applicable.

If no, can you please provide me with a copy of papers, emails and any relevant correspondence associated with a decision not to include the matter in the Corporate Risk Register.

SAAS does not hold recorded information relating to a specific decision not to include this matter in the Corporate Risk Register.

No separate documentation was created in this instance.

Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not hold the information requested.

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.

Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG

Detected exemption language

Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not have the information requested. Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not hold the information you have requested. Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not hold the information requested. Therefore, this is a formal notice under section 17(1) of FOISA that SAAS does not hold the information requested.

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