FOI/202500477087 · FOI · already published
Correspondence between Scottish Government and Aberdeenshire Council regarding mothballing of schools and early learning centres: FOI release
Information requested
All communication between the Scottish Government and Aberdeenshire Council regarding, relating to, discussing, or mentioning the mothballing of schools and/or ELC settings.
The time frame specified is January 2022 to 23 July 2025
Response
In relation to your question, I enclose a copy of the information you requested.
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 25 – information otherwise accessible: Meeting of the Parliament: 24/04/2025 | Scottish Parliament Website, 38(1)(b) - personal data and 29(1)(a) policy development, of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter.
Annex A
Section 25: Information otherwise accessible
An exemption under section 25 of FOISA applies to some of the information you have requested as it relates to information that is otherwise accessible. This exemption is subject to the ‘public interest test’. Some of the information requested derives from the consultation process undertaken under the Schools (Consultation) (Scotland) Act 2010, which is published by the local authority or documents that relate to local authority decision making, which are also made public. It is therefore regarded that such documents are available to the requester, and it is not necessary for them to be provided by the Scottish Government.
Section 29(1)(a)
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on mothballing of schools and Nurseries.
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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on development, options and sensitivities surrounding any potential changes to the Scottish Government’s policy on mothballing will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.
Section 38(1)(b)
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’, 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 25 – information otherwise accessible: Meeting of the Parliament: 24/04/2025 | Scottish Parliament Website, 38(1)(b) - personal data and 29(1)(a) policy development, of FOISA apply to that information. The reasons why these exemptions apply are explained in the Annex to this letter. Annex A Section 25: Information otherwise accessible An exemption under section 25 of FOISA applies to some of the information you have requested as it relates to information that is otherwise accessible. This exemption is subject to the ‘public interest test’. Section 29(1)(a) An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on mothballing of schools and Nurseries.