Respect For All

J Stewart made this Freedom of Information request to Scottish Government

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Scottish Government,

Please provide any data outlining why
1/ harassment, specifically sexual harassment
and
2/ examples of sexist bullying
were not explicitly included within the Scottish Governments 'Respect For All' anti-bullying approach.

Please provide any data of any meetings or communications around the decision to omit harassment from the document.

Please provide any data outlining why the definition of 'Sexism and Gender' within Appendix 2 Prejudice Based Bullying is not a gendered analysis of the inequalities experienced by girls.

Please provide details of who the members of the working group were that were responsible for drafting the refreshed version of the Respect For All document.

Please provide any data in relation to this working group, including actions, minutes of meetings and any other documents made available to or produced by them.

Please provide details of who the members of the working group were that were responsible for compiling the supplementary recording and monitoring guidance for Respect For All.

Please provide any data in relation to this working group, including actions, minutes of meetings and any other documents made available to or produced by them.

Please provide details of the questions and categories that are included within the new SEEMIS bullying recording and monitoring system.

Yours faithfully,

J Stewart

Dear Scottish Government,

Can you please acknowledge that you have received and are processing my request. Thank you.

Yours faithfully,

J Stewart

Scottish Government

Good afternoon

Thank you for your email.

We have received your request and will write out to you shortly with the information requested.

Yours sincerely

Carolyn Wales

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Scottish Government

4 Attachments

Dear Sir/Madam

 

Please find attached correspondence as requested.

 

I also attach separately a copy of the SEEMIS document referred to in
Annex B.

 

 

Yours sincerely

 

Carolyn Wales

 

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Dear Scottish Government,

Thank you for your response. I am unable to open the attachments. Can you resend the information again within the email, in particular the SEEMIS file in Annex B.

Yours faithfully,

J Stewart

Scottish Government

2 Attachments

Apologies, correspondence and a copy of the SEEMIS guidance attached again.

Hope this opens OK but if not please get back to me.

Yours sincerely
Carolyn Wales

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Dear Scottish Government,

Thank you for resending the SEEMIS document.

I would like to request that you review your responses to some of my points as detailed below.

I asked -
Any data outlining why 1/ harassment, specifically sexual harassment and 2/ examples of sexist bullying were not explicitly included within the Scottish Governments 'Respect For All' anti-bullying approach.

You replied -
"As you will be aware, the Scottish Government published ‘Respect for All: The National Approach to Anti-bullying for Scotland’s Children and Young People’ in November 2017. It was written for everyone working with children and young people and provides a holistic approach to anti-bullying. As you are aware, development of ‘Respect for All’ was developed by a Working Group and is also detailed in the minutes contained in Annex A. In addition, members of the Scottish Advisory Group on Relationships and Behaviour in Schools were advised of the draft policy and contributed to its development. The Working Group was in agreement that there should be a clear distinction between bullying behaviours and actions which may be considered criminal behaviour, which could include sexual harassment and assault. It was recognised that the term ‘sexual bullying’ was increasingly being used to describe a broad range of very concerning behaviours, including gender-based bullying and sexually aggressive behaviour. The Working Group considered that using the term "sexual bullying" may well dilute sexually-aggressive behaviour or harassment and agreed not to use the term. ‘Respect for All’ draws the distinction between bullying behaviour and actions as a result of prejudice which may be considered criminal behaviour. On page 12 of the guidance you will note that: ‘Some behaviour can be perceived as or assumed to be bullying. However, certain incidents can often be more serious and, in fact, criminal in nature. Understanding the individual circumstances is important to ensure that there is a clear distinction between bullying and criminal offences such as hate crime, child sexual exploitation and gender based violence such as domestic abuse and sexual assault’. The guidance is clear that if a school feels that there may be criminal behaviour they should seek the advice of Police Scotland."

Review Request -
The documents you have included in Annex A make no reference at all to ‘sexual or sexist bullying’ or harassment therefore does not fulfil my information request. I appreciate you have tried to offer an explanation as to why sexist bullying and harassment has not been explicitly named in Respect For All yet instead you have cited the difference between bullying and criminal behaviour, which could easily be applied to every other protected characteristic and not just sex.
Could you please review your response to this point and also not limit the data to just that of the minutes of the Working Group, my request was to the Scottish Government. To assist your search for data could you please consider the communications and decisions between the Equalities and Human Rights Committee’s Inquiry into School Bullying and Harassment, and the Cabinet Secretary for Education and Skills John Swinney MSP.

I asked -
Any data of any meetings or communications around the decision to omit harassment from the document.

You replied -
"As above. The Working Group were in agreement that there should be a clear distinction between bullying and actions which may be considered criminal behaviour, which could include sexual harassment and assault. There were no specific discussions, communication or a decision to omit harassment."

Review Request -
I appreciate you have tried to offer an explanation by citing the difference between bullying and criminal behaviour, however this could be applied to every other protected characteristic and not just sex. My point was regarding harassment and not specifically sexual harassment as per the Equalities and Human Rights Committee’s inquiry into the bullying and harassment of children in school and their recommendations for the National Anti-bullying approach.
As per my previous point that the data you provided in Annex A contains no mention of harassment, could you then please confirm then that the Working Group did not have any discussions at all regarding the harassment of school children whilst reviewing ‘Respect For All’.
Can you please provide copies of communications or other data from any other source within the Scottish Government on this point (and not just the Working Group you reference here)?

I asked -
Any data outlining why the definition of 'Sexism and Gender' within Appendix 2 Prejudice Based Bullying is not a gendered analysis of the inequalities experienced by girls.

You replied -
"As outlined above, The Working Group were in agreement that there should be a clear distinction between bullying and actions which may be considered criminal behaviour, which could include sexual harassment and assault. ‘Respect for All’ states that if a school feels that there may be criminal behaviour they should seek the advice of Police Scotland."

Review Request -
Again, I appreciate you have tried to offer an explanation by citing the difference between bullying and criminal behaviour, however this could be applied to every other protected characteristic and not just sex. This response however also fails to address my point as to why the definition used does not explain what the inequalities experienced by girls are.
Could you please review your response to this point and also not limit the data to just that of the minutes of the Working Group, my request was to the Scottish Government.

I asked -
Any data in relation to this working group, including actions, minutes of meetings and any other documents made available to or produced by them

You replied -
"Minutes from the meetings of the Working Group can be found at Annex A."

Review Request -
Thank you for providing minutes from the Working Group meetings. Could you please review your response to my request by providing all data in relation to this group and not just minutes, this would include documents made available to or produced by them, for example email communications, letters, remit of group, actions etc.

Thank you for providing the links to the other information that I requested and I look forward to hearing from you soon.

Yours faithfully,

J Stewart

Dear Scottish Government,

Further to my email yesterday I would like to add two more points I would like reviewed.
1/ You replied saying the members of the Working Group were listed inside the front cover of the Respect For All document, yet there is no list of members named only logos of organisations. You have redacted the names from the minutes in Annex A yet the names of the other Recording and monitoring Working Group have not been redacted. Please provide the names of the members and the unredacted copies of those minutes, if not then please explain the reason why some names have been redacted but not others.

2/The minutes in Annex A do not continue beyond December 2015 yet the Respect For All document was not published until November 2017, can you please review whether other meetings were held in between these times and if minutes exist for them. If not, can you please confirm whether or not a new Working Group was established during this time.

Yours faithfully,

J Stewart

Scottish Government

1 Attachment

Dear Sir/Madam

 

Please find attached an acknowledgement of your request for a review of
your recent Freedom of Information request.

 

Thanks
Andy

 

 

Andrew King
ScotXed Unit | Scottish Government

Area 2A North | Victoria Quay | Edinburgh | EH6 6QQ

0131 244 0304

 

 

 

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Scottish Government

1 Attachment

Dear Sir/Madam

 

Please find attached an update on the progress of the review of your
recent Freedom of Information request.

 

Thanks
Andy

 

 

Andrew King
ScotXed Unit | Scottish Government

Area 2A North | Victoria Quay | Edinburgh | EH6 6QQ

0131 244 0304

 

 

 

From: King A (Andrew)
Sent: 02 November 2018 10:31
To: '[FOI #522218 email]'
<[FOI #522218 email]>
Subject: FOI - ECJ - FOI/18/02833 Internal review of Freedom of
Information request - J Stewart

 

Dear Sir/Madam

 

Please find attached an acknowledgement of your request for a review of
your recent Freedom of Information request.

 

Thanks
Andy

 

 

Andrew King
ScotXed Unit | Scottish Government

Area 2A North | Victoria Quay | Edinburgh | EH6 6QQ

0131 244 0304

 

 

 

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Dear Andrew King
Thank you for your update on 16/11/18.

I look forward to hearing from you soon.

Yours faithfully,

J Stewart

Scottish Government

2 Attachments

Dear Sir/Madam

 

Please find attached the decision of my review of your Freedom of
Information request.

Apologies for the delay in providing this.

 

Also attached is Annex A, which contains papers and correspondence related
to the Working Group. I have tried to set this out as clearly as possible
and have noted within documents whether embedded files have been appended
to the end of the documents or add as a separate file.

 

Thanks

Andy

 

 

 

Andrew King
ScotXed Unit | Scottish Government

Area 2A North | Victoria Quay | Edinburgh | EH6 6QQ

0131 244 0304

 

 

 

 

From: King A (Andrew)
Sent: 16 November 2018 16:08
To: '[FOI #522218 email]'
<[FOI #522218 email]>
Subject: RE: FOI - ECJ - FOI/18/02833 Internal review of Freedom of
Information request - J Stewart

 

Dear Sir/Madam

 

Please find attached an update on the progress of the review of your
recent Freedom of Information request.

 

Thanks
Andy

 

 

Andrew King
ScotXed Unit | Scottish Government

Area 2A North | Victoria Quay | Edinburgh | EH6 6QQ

0131 244 0304

 

 

 

From: King A (Andrew)
Sent: 02 November 2018 10:31
To: '[FOI #522218 email]'
<[1][FOI #522218 email]>
Subject: FOI - ECJ - FOI/18/02833 Internal review of Freedom of
Information request - J Stewart

 

Dear Sir/Madam

 

Please find attached an acknowledgement of your request for a review of
your recent Freedom of Information request.

 

Thanks
Andy

 

 

Andrew King
ScotXed Unit | Scottish Government

Area 2A North | Victoria Quay | Edinburgh | EH6 6QQ

0131 244 0304

 

 

 

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Dear Scottish Government,

Thank you for your response today.

Whilst I am able to open the document titled Annex A, I am unable to open any of the documents or embedded files within it.

Will you please provide this information in a format that is accessible to me

Thank you

Yours faithfully,

J Stewart

Scottish Government

16 Attachments

Dear Sir/Madam

Apologies that you were unable to open the documents that were within Annex A that I sent on Friday. I have now attached each one here separately to hopefully resolve this issue.

All follow the naming convention set out in the Annex A document.

Thanks
Andy

Andrew King
ScotXed Unit | Scottish Government
Area 2A North | Victoria Quay | Edinburgh | EH6 6QQ
0131 244 0304

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Dear Andy,

Thank you very much for providing the information I requested and for taking the time to re-attach the documents separately.

Yours faithfully,

J Stewart