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FOI/202600522133 · FOI · partially withheld

Information on West Lothian Council's application regarding the Education (Scotland) Act 1980: FOI release

Published
2026-10-28
Received
2026-06-15
Responded
2026-07-13
Directorate
Education Directorate
Topic
Education, Public sector
Exemptions
13, 15, 19, 38(1)

Information requested

I refer to the Court of Session judgment in DE and FG v West Lothian Council, CSOH 52, in which Lady Poole records that West Lothian Council applied to Scottish Ministers on 3 February 2026 under section 133(4) of the Education (Scotland) Act 1980 seeking modification of Regulation 15 of the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, and that Scottish Ministers deferred determination of that application in a letter dated 25 March 2026.

Please provide:

A copy of the application submitted by West Lothian Council on or about 3 February 2026 under section 133(4) of the Education (Scotland) Act 1980, including any annexes or supporting documents provided by the Council. A copy of the response sent on behalf of Scottish Ministers to West Lothian Council on or about 25 March 2026, in which the decision on the application was deferred pending the outcome of DE and FG v West Lothian Council. Any briefing or submission to ministers on the judgment.

Response

The information you have requested can be found within the annex.

However, 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 an exemption under section 38(1)(b) of FOISA applies to some of the information you have requested as it relates to personal data. This exemption is not subject to the ‘public interest test’, therefore, 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

Information requested I refer to the Court of Session judgment in DE and FG v West Lothian Council, CSOH 52, in which Lady Poole records that West Lothian Council applied to Scottish Ministers on 3 February 2026 under section 133(4) of the Education (Scotland) Act 1980 seeking modification of Regulation 15 of the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, and that Scottish Ministers deferred determination of that application in a letter dated 25 March 2026. Please provide: A copy of the application submitted by West Lothian Council on or about 3 February 2026 under section 133(4) of the Education (Scotland) Act 1980, including any annexes or supporting documents provided by the Council. However, 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 an exemption under section 38(1)(b) of FOISA applies to some of the information you have requested as it relates to personal data. This exemption is not subject to the ‘public interest test’, therefore, we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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