FOI requests 2017-2019

The request was successful.

I would like to make a request under the Freedom of Information (Scotland) Act for the following information:

1. A list of all FOI requests (with the reference number and subject of each request) you received between January 1, 2017 and today
2. The complete responses and information provided by you to each FOI request (and subsequent internal reviews) received from 1/1/2017 to present

Yours faithfully,
E. Ní Scolaidhe

The Office of the Scottish Charity Regulator

Many thanks for your email to [1][OSCR request email]

 

OSCR will respond to your query within 15 working days. When we can't
respond in full within this timescale we will contact you to let you know.
Any emails sent to us outside of our office opening hours will be treated
as being received when the office is next open.

 

Answers to frequently answered questions are available on our website:
[2]http://www.oscr.org.uk/charities/faqs

 

Kind regards

OSCR

[3]www.oscr.org.uk

Telephone: 01382 220446

Fax: 01382 220314

 

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References

Visible links
1. mailto:[OSCR request email]
2. http://www.oscr.org.uk/charities/faqs
3. http://www.oscr.org.uk/

The Office of the Scottish Charity Regulator

17 Attachments

Dear E. Ní Scolaidhe,

 

Freedom of Information request

Thank you for your request dated 21^st February 2019. I can confirm that
we are considering your request for information under the Freedom of
Information (Scotland) Act 2002 (FOISA). FOISA states that we must respond
within 20 working days of receiving a request. This means we will respond
to you by 21^st March 2019 at the latest. In the meantime, please do not
hesitate to contact me if you have any queries.

 

Yours sincerely

 

Gerry

 

 

Gerry Hodge | Inquiry Support Officer | ( : 01382 346869 |Ê: 01382
220314| * [1][email address]|

 

+ Office of the Scottish Charity Regulator (OSCR) 2nd Floor, Quadrant
House, 9 Riverside Drive, Dundee, DD1 4NY |8 [2]www.oscr.org.uk |
Charities you can trust and that provide public benefit

 

 

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[7][IMG][8][IMG][9][IMG][10][IMG][11][IMG]       

 

 

 

 

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The Office of the Scottish Charity Regulator

17 Attachments

Dear E. Ní Scolaidhe

 

I am writing to you regarding this Freedom of Information Request prior to
responding in full, as a public body we have received numerous FOI
requests over the years;  I’m sure that you will understand the logistics
of supplying a copy of every response and subsequent review if requested. 
Some of these requests generated vast numbers of documents.  It is quite
likely that much of this will not have any relevance to you and therefore
we write to you in order to attempt to narrow this request to a more
relevant result.  As an example we have one request which had over 300
documents relating to various internal guidance on applications for
charitable status which may be of interest to future applicants

 

If you were able to supply details of a specific charity, type of charity
or other subject that you are seeking then this would simplify matters for
you with a more relevant and tailored response.

 

You can also find many of the previous responses at this link.

 

[1]https://www.whatdotheyknow.com/body/oscr

 

If you want I am happy to correspond directly with you which may assist in
clarifying this.

 

Regards

 

David

 

 

 

[2]cid:image001.png@01D4AD84.A99BDF00  

 

David Adamson | Information Manager 

Email: [3][email address]  | Tel: 01382 346896 | Working Hours:
Tuesday to Friday 

Web: [4]www.oscr.org.uk | 2nd Floor, Quadrant House, 9 Riverside Drive,
Dundee, DD1 4NY |   
[5]cid:image002.png@01D4AD84.A99BDF00 [6]cid:image003.png@01D4AD84.A99BDF00 [7]cid:image004.png@01D4AD84.A99BDF00 [8]cid:image005.png@01D4AD84.A99BDF00    

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References

Visible links
1. https://www.whatdotheyknow.com/body/oscr
3. mailto:[email address]
4. http://www.oscr.org.uk/
5. https://www.youtube.com/channel/UCR10mb8...
6. https://twitter.com/ScotCharityReg
7. https://www.linkedin.com/company/office-...
8. https://www.facebook.com/ScottishCharity...
9. https://www.oscr.org.uk/about-oscr/our-w...
10. https://www.cyberessentials.org/
11. https://www.happytotranslate.com/
12. https://www.oscr.org.uk/newsletter
13. https://contactscotland-bsl.org/

E. Ní Scolaidhe

Dear The Office of the Scottish Charity Regulator,

I would be happy for the list of requests alone and not the responses if this makes fulfilling the request more feasible. It would also be beneficial if it could be indicated if each request was fulfilled or rejected (or impossible, etc.) and the statistical breakdown of this

Yours faithfully,

E. Ní Scolaidhe

The Office of the Scottish Charity Regulator

Many thanks for your email to [1][OSCR request email]

 

OSCR will respond to your query within 15 working days. When we can't
respond in full within this timescale we will contact you to let you know.
Any emails sent to us outside of our office opening hours will be treated
as being received when the office is next open.

 

Answers to frequently answered questions are available on our website:
[2]http://www.oscr.org.uk/charities/faqs

 

Kind regards

OSCR

[3]www.oscr.org.uk

Telephone: 01382 220446

Fax: 01382 220314

 

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References

Visible links
1. mailto:[OSCR request email]
2. http://www.oscr.org.uk/charities/faqs
3. http://www.oscr.org.uk/

The Office of the Scottish Charity Regulator

18 Attachments

Our ref: IM/QRY/19-0706

 

Dear E. Ni Scolaidhe

 

Freedom of Information request

 

Thank you for your emails dated 21/02/2019 & 16/03/2019 requesting
information from OSCR.  Your request has been considered under the Freedom
of Information (Scotland) Act 2002 (FOISA).

 

In your email you request information in respect of Freedom of Information
requests In particular you asked for:

 

1. A list of all FOI requests (with the reference number and subject of
each request) you received between January 1, 2017 and today

2. The complete responses and information provided by you to each FOI
request (and subsequent internal reviews) received from 1/1/2017 to
present

 

Which following a request for clarification you agreed the following;-

 

‘I would be happy for the list of requests alone and not the responses if
this makes fulfilling the request more feasible. It would also be
beneficial if it could be indicated if each request was fulfilled or
rejected (or impossible, etc.) and the statistical breakdown of this.’

 

My response

 

•             I have prepared a spreadsheet with all requests received in
date order in the first section, the second section lists the Review
requests we have received and the final section lists, with hyperlinks to
the reports, all appeals to the Scottish Information Commissioner for the
stated period of time.

•             As I advised you in my request for clarification that many
of our responses are published with all relevant documents on the What do
they know website.

•             There are also some previous responses on our own website at
this link
[1]https://www.oscr.org.uk/about-oscr/our-w...

•             Some responses to OSIC appeals are also to be found at this
link
[2]https://www.oscr.org.uk/about-oscr/our-w...

 

The table includes information relating to the category of request,
requester, level of response provided, exemptions applied where relevant.

 

For the First requests 4% of the information was already published, 14%
had information provided in full, 37% had partial information provided,
15% had all information withheld and 26% of information requested was not
held by OSCR.

 

The two other categories (reviews and appeals) have so few results the
statistics are self-evident.

 

Exemptions

 

Section 35 – Law Enforcement

The name of the charity where relevant has been withheld and is exempted
under section 35 (1)(g) and (2)(f)&(g) of FOISA Law enforcement.  The
public interest test applies to this exemption.

 

Personal Data

 

Some requestor details are excluded,  the excluded information is exempted
under Section 38 of FOISA, because it constitutes personal data and its
disclosure would contravene the General Principles of the GDPR listed in
Schedule 2 Part 1 section 1 (i) - (x)  of the Data Protection Act 2018
(DPA). This is an absolute exemption which means that the public interest
test has not been applied. 

 

Public interest test (Sections 35 (2) (f) & (g))

I have applied the public interest test by weighing up the public interest
in maintaining the exemption against public interest in disclosure of this
information. My consideration of the public interest test in section 2 (1)
(b) of FOISA is as follows:

Public interest in disclosing the information:

 

•             Openness and transparency in our decision-making processes
thereby improving  our accountability and participation;

•             Disclosure would confirm that OSCR was properly carrying out
its regulatory functions

•             Disclosure would ensure fairness in relation to applications
or complaints, reveal malpractice ensuring the thoroughness of OSCR’s
inquiries.

 

Public interest in not disclosing the information:

 

•             The release of the information under FOISA – and therefore
to the public - would be damaging to charities, their trustees and their
reputation without the protection afforded by OSCR’s inquiry process or
the courts.

•             OSCR must have the confidence of individuals and
organisations when carrying out our statutory functions. Should
organisations or individuals believe that information will routinely be
made public, without the protection afforded by relevant criminal or civil
proceedings, confidence in OSCR will be undermined.

•             The majority of inquiries led to the conclusion that other
than guidance or advice little more was required; some inquiries were
vexatious, of a very minor nature or entirely unsubstantiated.  Release of
this information without qualification would be likely to substantially
prejudice the good name of the affected charities and potentially lead to
loss of property (including future grants or other awards).

•             Disclosure might damage the willingness of the public,
including charities, to provide OSCR with information in confidence.  This
unwillingness to provide information might seriously undermine the
robustness of OSCR's inquiry process.

 

On balance I believe that the public interest in maintaining the exemption
and withholding the information is stronger in this instance.

 

 

YOUR RIGHT TO REQUEST A REVIEW

 

You have the right to ask us to review our decision in respect of release
of information under FOISA.  Your request for review should be made within
40 working days of receipt of this letter and we will reply within 20
working days of receipt of that request. 

 

Your request for a review must be in writing and you must specify your
name and address for correspondence. More information on your rights can
be found at:
[3]http://www.itspublicknowledge.info/YourR...

 

If you require a review of our decision or wish to make a complaint about
the way in which your request was handled, please contact us:

 

Post:      Judith Hayhow

Head of Support Services

OSCR

2nd Floor, Quadrant House

9 Riverside Drive

Dundee, DD1 4NY

 

Email:    [OSCR request email]                 Subject:          FOI review
request

 

Where possible the review will be carried out by a staff member not
involved in the original decision making process.

 

YOUR RIGHT OF APPEAL

 

If  you  are dissatisfied with  the  outcome  of  a  review,  you  have 
a  right  under

the Act to appeal to the Scottish Information Commissioner.  If you wish
to do so, you must appeal to the Commissioner within six months following
the date of receipt of the review notice.  The Commissioner’s contact
details are as follows:

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

 

Email:                    [4][email address]

Telephone:         01334 464610

Fax:                        01334 464611

 

More information on the appeals process – including a further right of
appeal to the Court of Session – is available from the Scottish
Information Commissioner’s office.

[5]http://www.itspublicknowledge.info/YourR...
 

 

Yours sincerely

 

David

 

 

 

[6]cid:image001.png@01D4AD84.A99BDF00  

 

David Adamson | Information Manager 

Email: [7][email address]  | Tel: 01382 346896 | Working Hours:
Tuesday to Friday 

Web: [8]www.oscr.org.uk | 2nd Floor, Quadrant House, 9 Riverside Drive,
Dundee, DD1 4NY |   
[9]cid:image002.png@01D4AD84.A99BDF00 [10]cid:image003.png@01D4AD84.A99BDF00 [11]cid:image004.png@01D4AD84.A99BDF00 [12]cid:image005.png@01D4AD84.A99BDF00    

[13][IMG][14][IMG][15][IMG][16][IMG][17][IMG]       

 

 

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References

Visible links
1. https://www.oscr.org.uk/about-oscr/our-w...
2. https://www.oscr.org.uk/about-oscr/our-w...
3. http://www.itspublicknowledge.info/YourR...
4. mailto:[email address]
5. http://www.itspublicknowledge.info/YourR...
7. mailto:[email address]
8. http://www.oscr.org.uk/
9. https://www.youtube.com/channel/UCR10mb8...
10. https://twitter.com/ScotCharityReg
11. https://www.linkedin.com/company/office-...
12. https://www.facebook.com/ScottishCharity...
13. https://www.oscr.org.uk/about-oscr/our-w...
14. https://www.cyberessentials.org/
15. https://www.happytotranslate.com/
16. https://www.oscr.org.uk/newsletter
17. https://contactscotland-bsl.org/