Statutory powers and legislation that allows teaching of explicit and inappropriate sexual health and parenthood (RSHP) education to under 16's per CfE

[name removed] made this Freedom of Information request to Argyll and Bute Council as part of a batch sent to 32 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.

Waiting for an internal review by Argyll and Bute Council of their handling of this request.

Dear Argyll and Bute Council,

Per FOISA please provide me with information contained in your records as follows:

Please provide statutory powers and legislation that gives all local authority education and Schools per Curriculum for Excellence, the legal authority to teach explicit and inappropriate sexual health and parenthood (RSHP) education to the extent that teachers are producing sex toys in class to children age 16 and under, in schools?

Please advise at what age or equivalent nursery/Primary year/High School year that explicit and inappropriate sexual health and parenthood (RSHP) education commenced in Scotland per CfE?

Yours faithfully,

[name removed]
[name removed]

foi, Argyll and Bute Council

Thank you for your email to Argyll and Bute Council in relation to Freedom
of Information Requests. We will  respond to your email as soon as
possible.  
Many Thanks
FOI team

══════════════════════════════════════════════════════════════════════════

Argyll and Bute Council's e-mail system (also used by LiveArgyll)
classifies the sensitivity of emails according to the Government Security
Classifications.

Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not disclose, copy or
deliver this message to anyone and any action taken or omitted to be taken
in reliance on it, is prohibited and may be unlawful.

In such case, you should destroy this message and kindly notify the sender
by reply email. Opinions, conclusions and other information in this
message that do not relate to the official business of Argyll and Bute
Council or LiveArgyll shall be understood as neither given nor endorsed by
them.

All communications sent to or from Argyll and Bute Council or LiveArgyll
may be subject to recording and/or monitoring in accordance with relevant
legislation.

This email has been scanned for viruses, vandals and malicious content.

Administrator,

Dear [name removed]

Request for information: Statutory powers and legislation that allows
teaching of explicit and inappropriate sexual health and parenthood (RSHP)
education to under 16s per CfE

Thank you for your information request which we have logged as reference
argyllbuteir:15284.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by 2023-02-21
00:00:00. We hope to respond within this timescale but, due to the
staffing/capacity issues with COVID-19, some requests may take little
longer.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

Privacy information: Any personal information you have provided in
relation to this request will be used only for the intended purpose -
please read the full privacy notice to find out more about how your
personal information will be handled, and your rights under data
protection legislation.

foi, Argyll and Bute Council

Classification: OFFICIAL

Dear [name removed]

Request for information: Statutory powers and legislation that allows
teaching of explicit and inappropriate sexual health and parenthood (RSHP)
education to under 16's per CfE

Reference: argyllbuteir:15284.

I refer to your request for information which was dealt with in terms of
the Freedom of Information (Scotland) Act 2002 (FOISA).

Please provide statutory powers and legislation that gives all local
authority education and Schools per Curriculum for Excellence, the legal
authority to teach explicit and inappropriate sexual health and parenthood
(RSHP) education to the extent that teachers are producing sex toys in
class to children age 16 and under, in schools?

Please advise at what age or equivalent nursery/Primary year/High School
year that explicit and inappropriate sexual health and parenthood (RSHP)
education commenced in Scotland per CfE?
I must clarify that we do not teach explicit and inappropriate sexual
health and parenthood (RSHP) education, nor do teachers produce sex toys
in class.  We follow the RSHP curriculum as set out by the Scottish
Government. 

I must partially apply the Section 25 exemption of FOISA (information
otherwise accessible) in relation to your request as The Relationships,
Sexual Health and Parenthood curriculum overview is publicly accessible. 
As part of our duty to advise and assist I can advise that this
information can be found here: [1]Home - RSHP.  This national resource
provides relevant information about the curriculum content and appropriate
levels for this curriculum. 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review by writing to the
Executive Director Customer Services, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll PA31 8RT, or by email to [Argyll and Bute Council
request email].

Your request for review must state your name and address for
correspondence, specify the request for information to which your request
for review relates and why you are dissatisfied with the response.

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period for response to your initial
request by the Council, or not later than 40 working days after the
receipt by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

If you make an application for review and remain dissatisfied with the way
in which the review has been dealt with you are entitled to make an
application to the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife KY16 9DS (Tel: 01334 464610) for a
further review. You can now do this online here -
www.itspublicknowledge.info/Appeal.

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review.

Yours sincerely,

David Sinclair

Compliance and Regulatory Assistant

Legal and Regulatory Services

01546 604352

show quoted sections

Dear Argyll and Bute Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Argyll and Bute Council's handling of my FOI request 'Statutory powers and legislation that allows teaching of explicit and inappropriate sexual health and parenthood (RSHP) education to under 16's per CfE'.

The Relationships, Sexual Health and Parenthood curriculum you refer to does not provide the statutory powers and legislation that allows the teaching of explicit and inappropriate sexual health and parenthood (RSHP) educudation to under 16's per CfE. If you do not hold this information please provide the correct exemption?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,
[name removed]
[name removed]

foi, Argyll and Bute Council

Classification: OFFICIAL

Good afternoon,

Thank you for your e-mail, I have opened a review into how your request was handled, you should receive a response by 20th March 2023

Regards,

David Sinclair
Compliance and Regulatory Assistant
Legal and Regulatory Services
01546 604352

show quoted sections

Hendry, Douglas, Argyll and Bute Council

1 Attachment

  • This attachment has been hidden. We have hidden this attachment because of possible impersonation. If you would like a copy of this information, please get in touch using the contact form. Please contact us if you have any questions.

Classification: OFFICIAL

Dear [name removed]

Freedom of information (Scotland) Act 2002 (FOISA)

Section 20 review - argyllbuteir:15284

I refer to your email of 19 February 2023 in which you requested a review
of how we dealt with your request for information dated 24 January. I note
that the response was sent within the 20 working day timescale on 17
February.

I’ve reviewed your request, the response and your request for review and
sought further information from the relevant service.

The response appropriately applied the section 25 (otherwise accessible)
exemption, provided you with a link to the information and explained that
we do not teach explicit and inappropriate sexual health and parenthood
education and we follow the RSHP curriculum as set out by the Scottish
Government.

If you are dissatisfied with the way in which the review has been dealt
with you are entitled to make an application to the Scottish Information
Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS
(Tel: 01334 464610) for a review.

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review.

If you make an application for a further review to the Scottish
Information Commissioner and remain dissatisfied by the decision then you
may appeal on a point of law to the Court of Session.

Regards 

Douglas Hendry

Douglas Hendry, Executive Director

Monitoring Officer / IJB Standards Officer

Kilmory, Lochgilphead, Argyll, PA31 8RT

[1][email address]

Please note that your details, including any personal information you may
have provided, will be passed to the relevant service mentioned above. A
full privacy notice can be found on our website, which explains what we
will do with your personal information and what your rights are under Data
Protection legislation. [2]https://www.argyll-bute.gov.uk/data-prot...

roundel_fc_cmyk_with_initials_signature_0_0

══════════════════════════════════════════════════════════════════════════

Argyll and Bute Council's e-mail system (also used by LiveArgyll)
classifies the sensitivity of emails according to the Government Security
Classifications.

Privileged/Confidential Information may be contained in this message. If
you are not the addressee indicated in this message (or responsible for
delivery of the message to such person), you may not disclose, copy or
deliver this message to anyone and any action taken or omitted to be taken
in reliance on it, is prohibited and may be unlawful.

In such case, you should destroy this message and kindly notify the sender
by reply email. Opinions, conclusions and other information in this
message that do not relate to the official business of Argyll and Bute
Council or LiveArgyll shall be understood as neither given nor endorsed by
them.

All communications sent to or from Argyll and Bute Council or LiveArgyll
may be subject to recording and/or monitoring in accordance with relevant
legislation.

This email has been scanned for viruses, vandals and malicious content.

References

Visible links
1. mailto:[email%20address]
2. https://www.argyll-bute.gov.uk/data-prot...

Dear Hendry, Douglas,

With respect there was no actual link or URL attached, therefore if you could provide this, we would be grateful.

Yours sincerely,
[name removed]
[name removed]

Binnie, Shannon, Argyll and Bute Council

1 Attachment

  • This attachment has been hidden. We have hidden this attachment because of possible impersonation. If you would like a copy of this information, please get in touch using the contact form. Please contact us if you have any questions.

Classification: OFFICIAL

Good morning, 

I write to acknowledge safe receipt of your email.  I would confirm that
the matter is receiving attention and you will receive a response in due
course. 

Kind Regards

Shannon 

Shannon Binnie

PA/Secretary to Executive Director

Argyll and Bute Council

Kilmory

Lochgilphead

PA31 8RT

T: 01546 604580

E: [1][email address]

W: [2]www.argyll-bute.gov.uk

roundel_fc_cmyk_with_initials_signature_0_0

show quoted sections

Binnie, Shannon, Argyll and Bute Council

1 Attachment

  • This attachment has been hidden. We have hidden this attachment because of possible impersonation. If you would like a copy of this information, please get in touch using the contact form. Please contact us if you have any questions.

Classification: OFFICIAL

Good morning, 

Further to your email and my acknowledgement, below, the link referred can
be accessed here - [1]Home - RSHP. 

Kind Regards

Shannon 

Shannon Binnie

PA/Secretary to Executive Director

Argyll and Bute Council

Kilmory

Lochgilphead

PA31 8RT

T: 01546 604580

E: [2][email address]

W: [3]www.argyll-bute.gov.uk

roundel_fc_cmyk_with_initials_signature_0_0

From: Binnie, Shannon
Sent: 20 March 2023 09:12
To: [name removed] <[FOI #941168 email]>
Cc: Hendry, Douglas <[email address]>
Subject: RE: Section 20 review - argyllbuteir:15284 [OFFICIAL]

Classification: OFFICIAL

Good morning, 

I write to acknowledge safe receipt of your email.  I would confirm that
the matter is receiving attention and you will receive a response in due
course. 

Kind Regards

Shannon 

Shannon Binnie

PA/Secretary to Executive Director

Argyll and Bute Council

Kilmory

Lochgilphead

PA31 8RT

T: 01546 604580

E: [4][email address]

W: [5]www.argyll-bute.gov.uk

roundel_fc_cmyk_with_initials_signature_0_0

show quoted sections