Dear Aberdeen City Council,
Please provide me with a copy of this report.

Yours faithfully,

SG Benzie

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear SG Benzie,

 

Thank you for your information request of 20 February 2017.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

Please provide me with a copy of this report (Bailey Gwynne school death
report).

For the purposes of this request, we have assumed that you are referring
to the report by Andrew Lowe that was commissioned by the Chief Officers
Group.

 

The report was published on 19 December 2016 following a process of
preparing for publication where views were sought from individuals
referred to in the report.

 

The information redacted from the report constitutes, or relates to, the
confidential personal information of individuals who have not consented to
the publication of that information.

 

The review document can be found online here:
[1]http://www.aberdeencity.gov.uk/nmsruntim...

 

As a copy of this report is otherwise accessible on our website at the
link provided above, it is exempt from disclosure.  In order to comply
with its obligations under the terms of Section 16 of the FOISA, ACC
hereby gives notice that we are refusing your request under the terms of
Section 25(1) - Information Otherwise Accessible - of the FOISA.

 

Information has been redacted from the document provided at the link above
as it constitutes the personal information of the individuals referred to
in the report. ACC is unable to provide you with a full and uncensored
copy of the report into the death of Bailey Gwynne as it is exempt from
disclosure.  In order to comply with its obligations under the terms of
Section 16 of the FOISA, ACC hereby gives notice that we are refusing your
request under the terms of Section 38(1)(b) in conjunction with
38(2)(a)(i) – Third Party Personal Information - of the FOISA.

 

In making this decision ACC considered the following points:

 

The information redacted from the report constitutes, or relates to, the
confidential personal information of individuals who have not consented to
the publication of that information. When individuals have consented to
their information being published, we have tried to accommodate that
consent. It should be noted that opinions or comment by individuals who
did consent about individuals who have not consented, or which refer to
individuals who have not consented, have been redacted as the opinion or
comment constitutes the personal information of the individuals who did
not consent.

 

The level of redaction necessary to protect the individuals’ rights to
privacy and protection of their personal information meant that sections
of the report would have been unintelligible and/or potentially misleading
had minimum redaction occurred. To avoid the potential for
misinterpretation/misrepresentation of these or any individuals referenced
in the report, ACC decided that the level of redactions undertaken was the
most appropriate in the particular circumstances. The contents page and
chapter headings were left unredacted so that a reader can understand in
general terms the content and scheme of the report without seeing the
sensitive personal information contained within.

 

ACC is of the opinion that Section 38(1)(b) applies to the information
specified above as the information in question is personal information
relating to individuals, of which the applicant is not the data subject.

 

Further, ACC is of the opinion that Section 38(2)(a)(i) applies, as we
consider that disclosure of this information would be a breach of the
first Data Protection Principle (that personal information must be
processed fairly and lawfully). ACC believes releasing this information
will allow the identification of individuals, something which these
individuals have not consented to, and would have no expectation that ACC
would release.

 

It is also considered that disclosure of much of the redacted information
would be likely to endanger the mental health of individuals to which it
relates.  Accordingly such information is exempt under section 39(1) of
the Act – Endangerment to Mental Health.  The redacted information relates
to an extremely traumatic and distressing event and publication of such
information can reasonably be assumed to be likely to have a damaging
effect on individuals involved.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

ACC handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002. Please refer to the
attached PDF for more information about your rights under FOISA.

 

 

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[2][Aberdeen City Council request email]
01224 523827/523602

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[3]www.aberdeencity.gov.uk

 

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References

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1. http://www.aberdeencity.gov.uk/nmsruntim...
2. mailto:[Aberdeen City Council request email]
3. http://www.aberdeencity.gov.uk/

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