FOI/202600505401 · FOI · partially withheld
Correspondence on the creation of the Guidance on the Delivery of Relationships, Sexual Health and Parenthood Education in Scottish Schools: FOI release
Information requested
All internal email correspondence about the creation of the Guidance on the Delivery of Relationships, Sexual Health and Parenthood Education in Scottish Schools which was published on 4 February 2026.
Response
I enclose a copy of some 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 an exemptions under sections 25(1) information otherwise available; 30(b)(i) free and frank advice from officials to the Scottish Ministers; 36(1) confidentiality of communications including legal advice; and, 38(1)(b) third party personal data of FOISA applies to that information. The reason why those exemptions apply are explained below.
Some of the information has been exempted as it was intended and has been published as part of the final guidance. Some of the information is exempt as it constitutes free and frank advice from officials, officials should be free to offer advice to the Scottish Ministers without any reproach. Similarly, some of the information constitutes legal advice which can be given confidentially. And some of the information contains personal identifiable data.
These exemption are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that there is some public interest in release because it offers transparency on government decisions and policy development. However, this is outweighed by the public interest of Scottish Government officials having the ability to freely develop statutory guidance as well as providing free and frank advice to the Scottish Ministers on development of said guidance. Officials should also be free to provide advice to the Scottish Ministers without any reproach.
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 an exemptions under sections 25(1) information otherwise available; 30(b)(i) free and frank advice from officials to the Scottish Ministers; 36(1) confidentiality of communications including legal advice; and, 38(1)(b) third party personal data of FOISA applies to that information. The reason why those exemptions apply are explained below. These exemption are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions.