Duties under the HRA
Dear Stirling Council,
I am writing to request information under the Freedom of Information (Scotland) Act relating to your bodies’ duties under the Human Rights Act (1998) and Scotland Act (1998) to comply with the European Convention on Human Rights (ECHR)
Section 6 of the Human Rights Act obliges public authorities to comply with the ECHR and Sections 29 and 57 of the Scotland Act oblige the Scottish Parliament and Ministers to likewise act in a way compatible with the ECHR.
The Human Rights Act framework establishes that; the ECHR rights form a common set of binding values among public bodies; public bodies must have human rights principles in mind when making decisions about people’s rights, and that human rights must be part of all policy.
Specifically i would like to request any information you hold regarding:
1. How your authority has monitored and evaluated its compliance with the Human Rights Act and any outputs from the monitoring and evaluation process.
2. Specific actions taken to comply with the HRA and ECHR. For example only, this might include staff training, employment of a human rights lawyer to advise on policy, carrying out due diligence on any private bodies contracted or outsourced to (the HRA applies to all bodies performing a public function, including private companies), carrying out human rights impact assessments on policy.
3. Human rights considerations related to any change of practice or services provided due to the Covid-19 pandemic.
I would like to request the information outlined in points 1 and 2 above for the calendar year of 2019, and points 1,2 and 3 for the period of the Covid-19 pandemic, March – September 2020. I would like the information broken down by these two time periods.
If you have any questions or require clarification please contact me promptly.
Yours faithfully,
elizabeth thomson
Dear Ms Thomson
Your request for information has been logged and allocated reference
FOI/14626
Your request will be dealt with under the Freedom of Information
(Scotland) Act 2002 (FOISA), and if determined appropriate to do so during
the course of your request, also the Environmental Information (Scotland)
Regulations, 2004 (EIRs).
Your request will be forwarded to the service area(s) holding the
information. Please note, the service area(s) holding the information may
need further information from you to locate the information sought once
they have received the request, and you will be contacted again should
this be necessary.
Unless clarification is required your request will be answered promptly,
and within twenty working days of the date your request was received – in
this case no later than 10 Dec 20.
Yours sincerely,
Craig Davidson
Records & Information Governance Team
Stirling Council
Stirling FK8 2ET
01786 233988
[1][Stirling Council request email]
Dear Elizabeth Thomson,
I refer to your request for information, logged by us as FOI/14626 and can
provide the following information in response to your request.
The Human Rights Act framework establishes that; the ECHR rights form a
common set of binding values among public bodies; public bodies must have
human rights principles in mind when making decisions about people’s
rights, and that human rights must be part of all policy.
Specifically I would like to request any information you hold regarding:
1. How your authority has monitored and evaluated its compliance with the
Human Rights Act and any outputs from the monitoring and evaluation
process.
We are unable to provide you with the information requested as it is not
held by the Council. Therefore I can provide notice that we hold no
information relating to this part of your request in terms of Section 17
of the Freedom of Information (Scotland) Act 2002.
2. Specific actions taken to comply with the HRA and ECHR. For example
only, this might include staff training, employment of a human rights
lawyer to advise on policy, carrying out due diligence on any private
bodies contracted or outsourced to (the HRA applies to all bodies
performing a public function, including private companies), carrying out
human rights impact assessments on policy.
The Human Rights Act is taught as a topic as part of our Public Protection
and Equality and Diversity training programmes, with introductory courses
available online for all staff and more in-depth classroom based training.
We have also introduced the Scottish Social Services Council Adult Support
and Protection learning resource as a mandatory aspect of our Induction of
new care home and care at home staff which has content on Human Rights.
Various professional qualifications also include aspects of HRA such as
Social Work and Social Care qualifications.
3. Human rights considerations related to any change of practice or
services provided due to the Covid-19 pandemic.
We are unable to provide you with the information requested as it is not
held by the Council. Therefore I can provide notice that we hold no
information relating to this part your request in terms of Section 17 of
the Freedom of Information (Scotland) Act 2002.
If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review of the actions
and decisions made by the Council in relation to your request. Your
request for review must be in writing or some other permanent form stating
your name and address for correspondence, and specifying 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 of 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.
Your request for review should be addressed in the first instance to:
Records & Information Compliance Manager, Stirling Council, Viewforth,
STIRLING FK8 2ET email [1][Stirling Council request email]
The Records & Information Compliance Manager will then arrange for an
appropriate officer to undertake a review.
Please note that in any email you must state your name.
If you are dissatisfied with how your request for a review has been dealt
with, then you are entitled to ask the Scottish Information Commissioner
to investigate your case. You must ask 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.
The Scottish Information Commissioner recommends that you appeal online.
The online appeal service is available here:
[2]www.itspublicknowledge.info/Appeal
You do not need to submit an appeal online, but if you do it will ensure
the Commissioner is provided with all the information required to
investigate your case quickly.
For further information about making an appeal to the Scottish Information
Commissioner, including how to submit an appeal by email or post, see:
[3]http://www.itspublicknowledge.info/YourR...
If you do not have access to the internet, you can contact the Scottish
Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews,
Fife KY16 9DS, Tel: 01334 464610 Email:
[4][email address]
You also have the subsequent right of appeal to the Court of Session, on a
point of law only, if dissatisfied with a decision issued by the
Commissioner. Any such appeal must be made within 42 days of the date of
intimation of the Commissioner's decision notice.
Yours sincerely,
Records & Information Governance Team
Stirling Council
01786 233988
[5][Stirling Council request email]
From: FOI
Sent: 12 November 2020 10:15
To: [FOI #705103 email]
Subject: RE: Freedom of Information request - Duties under the HRA -
FOI/14626
Dear Ms Thomson
Your request for information has been logged and allocated reference
FOI/14626
Your request will be dealt with under the Freedom of Information
(Scotland) Act 2002 (FOISA), and if determined appropriate to do so during
the course of your request, also the Environmental Information (Scotland)
Regulations, 2004 (EIRs).
Your request will be forwarded to the service area(s) holding the
information. Please note, the service area(s) holding the information may
need further information from you to locate the information sought once
they have received the request, and you will be contacted again should
this be necessary.
Unless clarification is required your request will be answered promptly,
and within twenty working days of the date your request was received – in
this case no later than 10 Dec 20.
Yours sincerely,
Craig Davidson
Records & Information Governance Team
Stirling Council
Stirling FK8 2ET
01786 233988
[6][Stirling Council request email]
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