Dear Dumfries and Galloway Council,

I would like to request information in relation to data processing, Education, Home Education Statutory Guidance, and the local D&G Home Education Policies.

I would be grateful for copies of all Legal advice given to D&G Education Dept, the Home Education Local Policy writer, and the Education Committee regarding;

1) data processing for all education, surrounding and in relation to;
a) educational institutions and,
b) home educators,

2) Home Education Statutory Guidance,
since 2013.

I look forward to receiving your response,

Yours faithfully,

V. Colvin

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 17/07/2018 which we are dealing with in terms of the above legislation. We have given your request the unique reference 348469 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 14/08/2018.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

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Any email message sent or received by the
Council may require to be disclosed by the
Council under the provisions of the Freedom
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Dear Dumfries and Galloway Council,

My Freedom of Information request is long overdue. I would be grateful for an explanation as to why this is delayed and when I can expect a response.

I look forward to hearing from you.

Yours faithfully,

V. Colvin

FOI, Dumfries and Galloway Council

Dear Ms Colvin,

Thank you for your e-mail dated 4th September 2018 regarding the above.

I apologise for the delay in handling your original request, however to enable the Council to progress this can you please clarify what is meant by:

"data processing for all education, surrounding and in relation to; a) educational institutions and b) home educators”

Regards.

Duncan McQueen
Interim Senior Information Management Officer
Information Management and Complaints Unit

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Dear Duncan McQueen,

My original request:
“I would like to request information in relation to data processing, Education, Home Education Statutory Guidance, and the local D&G Home Education Policies.

I would be grateful for copies of all Legal advice given to D&G Education Dept, the Home Education Local Policy writer, and the Education Committee regarding;

1) data processing for all education, surrounding and in relation to;
a) educational institutions and,
b) home educators,”

The Council’s request:
“please clarify what is meant by:

"data processing for all education, surrounding and in relation to; a) educational institutions and b) home educators””.

My response: data processing is the full processing of all information, from conception through to deletion, and ‘all Education’ is further broken down for you into 2 categories of being in relation to:
a) all educational institutions
b) home educators.

For further clarification I request all legal advice given to:
1) D&G Education Dept.,
2) the author of our local home education policies, and
3) D&G Education Committee, including to individual members of the Education Committee,
in relation to the above clarifications.

I look forward to receiving your response.

Yours sincerely,

V. Colvin

Dumfries and Galloway Council

Please find below the Council's response to your request 348469 which was received on 17/07/2018.

Details of request: I would like to request information in relation to data processing, Education, Home Education Statutory Guidance, and the local D&G Home Education Policies.

I would be grateful for copies of all Legal advice given to D&G Education Dept, the Home Education Local Policy writer, and the Education Committee regarding;

1) data processing for all education, surrounding and in relation to;
a) educational institutions and,
b) home educators,

2) Home Education Statutory Guidance, since 2013.

Response:

Thank you for your request for information dated 14 August 2018.

Your original request was as follows:

I would like to request information in relation to data processing, Education, Home Education Statutory Guidance, and the local Dumfries and Galloway Home Education Policies.

I would be grateful for copies of all Legal advice given to D&G Education Dept, the Home Education Local Policy writer, and the Education Committee regarding;

1 data processing for all education, surrounding and in relation to;
a educational institutions and,
b home educators,?
2 Home Education Statutory Guidance, since 2013.

Further to the Council's request for clarification of your request you provided the following information:

data processing is the full processing of all information, from conception through to deletion, and ?all Education? is further broken down for you into 2 categories of being in relation to:
a all educational institutions
b home educators.

For further clarification I request all legal advice given to:
1 Dumfries and Galloway Education Dept.,
2 the author of our local home education policies, and
3 Dumfries and Galloway Education Committee, including to individual members of the Education Committee, in relation to the above clarifications.

I can confirm that the Council holds information in regard to your request, however this information is withheld as it is exempt from disclosure under S36(1) of the FOISA as such communications comprise:

i communications with a professional legal adviser, such as a solicitor or an advocate;
ii the legal adviser acting in their professional capacity; and
iii the communications occurring in the context of the legal adviser's professional relationship with their client

The exemption in section 36(1) is a qualified exemption, which means that it is subject to the public interest test set out in section 2(1)(b) of FOISA.

The Council's position is that the public interest in disclosing the information is not outweighed by the public interest in withholding it. There is a strong public interest in Education being able to receive, unhindered, full legal advice. Without such comprehensive advice being available to Education, its ability to make fully informed decisions would be restricted, which would not be in the public interest. There is also a significant public interest in maintaining the right to confidentiality of communications between legal adviser and client on administration of justice grounds.

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

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Any email message sent or received by the
Council may require to be disclosed by the
Council under the provisions of the Freedom
of Information (Scotland) Act 2002.

Dear Dumfries and Galloway Council,

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

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Legal information provided to Education.’

Council response.
“Please find below the Council's response to your request 348469 which was received on 17/07/2018.

Details of request: I would like to request information in relation to data processing, Education, Home Education Statutory Guidance, and the local D&G Home Education Policies.

I would be grateful for copies of all Legal advice given to D&G Education Dept, the Home Education Local Policy writer, and the Education Committee regarding;

1) data processing for all education, surrounding and in relation to;
a) educational institutions and,
b) home educators,

2) Home Education Statutory Guidance, since 2013.

Response:

Thank you for your request for information dated 14 August 2018.

Your original request was as follows:

I would like to request information in relation to data processing, Education, Home Education Statutory Guidance, and the local Dumfries and Galloway Home Education Policies.

I would be grateful for copies of all Legal advice given to D&G Education Dept, the Home Education Local Policy writer, and the Education Committee regarding;

1 data processing for all education, surrounding and in relation to;
a educational institutions and,
b home educators,?
2 Home Education Statutory Guidance, since 2013.

Further to the Council's request for clarification of your request you provided the following information:

data processing is the full processing of all information, from conception through to deletion, and ?all Education? is further broken down for you into 2 categories of being in relation to:
a all educational institutions
b home educators.

For further clarification I request all legal advice given to:
1 Dumfries and Galloway Education Dept.,
2 the author of our local home education policies, and
3 Dumfries and Galloway Education Committee, including to individual members of the Education Committee, in relation to the above clarifications.

I can confirm that the Council holds information in regard to your request, however this information is withheld as it is exempt from disclosure under S36(1) of the FOISA as such communications comprise:

i communications with a professional legal adviser, such as a solicitor or an advocate;
ii the legal adviser acting in their professional capacity; and
iii the communications occurring in the context of the legal adviser's professional relationship with their client

The exemption in section 36(1) is a qualified exemption, which means that it is subject to the public interest test set out in section 2(1)(b) of FOISA.

The Council's position is that the public interest in disclosing the information is not outweighed by the public interest in withholding it. There is a strong public interest in Education being able to receive, unhindered, full legal advice. Without such comprehensive advice being available to Education, its ability to make fully informed decisions would be restricted, which would not be in the public interest. There is also a significant public interest in maintaining the right to confidentiality of communications between legal adviser and client on administration of justice grounds.”

My response:
Under request 1.
“1 data processing for all education, surrounding and in relation to;

a) educational institutions”:
I believe this information should be released as there is substantial public interest and the need for transparency as much of the current data processing without consent has no lawful basis in relation to GDPR Article 6 1 e, is incompatible with ECHR Article 8 rights as found in conclusion of Supreme Court ruling 2016, and affects all children and their families in Dumfries & Galloway,

“b) home educators”:
I believe this information should be released as there is substantial public interest and the need for transparency as every parent in Dumfries & Galloway who requests their child’s name be removed from their school register has been subject to unlawful data processing, where there is no basis in law, contravening GDPR Article 6 1 e which dictates there must be a clear lawful basis, with connected Article 21, the right to object to data processing.

Under request 2.
“2 Home Education Statutory Guidance, since 2013.”
I believe this information should be released as there is substantial pubic interest along with the need for transparency as to how it came about that an unlawful draft home education policy with no consultation was presented to Children, Young People and Lifelong Learning Committee, the third consecutive, unlawful policy to be challenged, which affects all home educators and potential home educators in Dumfries & Galloway. This information is necessary for the current consultation now taking place after being recently challenged.

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

Yours faithfully,

V. Colvin

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for a formal review which was received on 18/12/2018 and is being dealt with. We will respond within 20 working days from the day after the request was received. A response to your request will be sent promptly, and in any event not later than 21/01/2019.

If you have any queries in the meantime, please do not hesitate to contact [email address].

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

FOI, Dumfries and Galloway Council

Dear Ms Colvin

Details of request : Legal information provided to Education

Thank you for your e-mail dated 18th December 2018 requesting a review of the way in which the Council handled your request for information under the Freedom of Information (Scotland) Act 2002 (FOISA).

Your request for a review concerns the Council’s application of exemption S36(1) of the FOISA.

I have now concluded my review and I am satisfied that the Council has applied, and appropriately withheld this information as it is exempt from disclosure under S36(1) of the FOISA as such communications comprise:

i) communications with a professional legal adviser, such as a solicitor or an advocate; ii) the legal adviser acting in their professional capacity; and iii) the communications occurring in the context of the legal adviser's professional relationship with their client

The exemption in section 36(1) is a qualified exemption, which means that it is subject to the public interest test set out in section 2(1)(b) of FOISA.

The Council's position is that the public interest in disclosing the information is not outweighed by the public interest in withholding it. There is a strong public interest in Education being able to receive, unhindered, full legal advice.

I trust that you are satisfied with this response and that the Council has appropriately considered and dealt with your Review. If you are not satisfied with the outcome of the Review, you have the right to appeal to the Scottish Information Commissioner for a decision.

Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS

Subsequent to the appeal process and the Commissioner issuing their decision, you also then have the right to appeal to the Court of Session on a point of law against the Commissioner’s decision.

Yours sincerely

Gillian McCaa
Corporate Services
Dumfries and Galloway Council
Council Offices English Street
Dumfries, DG1 2DD

Internal: 64202
External 01387 260202

Drop Point: 205
Email: [email address]
www.dumgal.gov.uk

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

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