Safeguarding

Mrs Maclean made this Freedom of Information request to Orkney College

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Orkney College.

Dear Orkney College,

How many students have you enrolled in your college in the following academic years, in the knowledge that they were listed on the Sex Offenders Register at that time?
2015-16
2016-17
2017-18 (to date)

How many of these students were subject to a MAPPA plan or similar conditions?

How many of these students failed to adhere to the conditions applied?

How many of these students attained the qualification they were seeking?

Yours faithfully,

Mrs Maclean

Dear Madam

Freedom of Information (Scotland) Act 2002 – Request for Information

Thank you for your information request dated 27 November 2017 and received on 28 November 2017. Our reference is FOI 2017-1146. This is being dealt with under the Freedom of Information (Scotland) Act 2002.

We are considering your request. We may be in touch soon to ask for further clarification or to offer advice and assistance if we are not able to fulfil your request in its present form.

The legislation allows us up to 20 working days from the date that we receive a valid request, including any clarification we need to make a final response. We will be in touch within 20 working days of receipt of your initial request to provide our response or to seek clarification where necessary. We hope to give you the information you are looking for at an earlier date if possible.

Regards

Katy Russell-Duff
Administrative Officer
Corporate Services
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone 01856 873535 Extension 2210

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Dear Madam

Freedom of Information (Scotland) Act 2002 – Request for Information

I refer to your email dated 27 November 2017 and received on 28 November 2017, our reference is FOI 2017-1146.

As these numbers are low, disclosure of this information would be unfair for the purposes of the first data protection principle and is exempt in terms of s.38(1)(b) read in conjunction with s.38(2)(a)(i) or (b) of the Freedom of Information (Scotland) Act 2002.

You have the right to request a review of the decision if you are not satisfied with the way we have handled your request. Please write to: Head of Legal Services, Council Offices, School Place, Kirkwall, Orkney, KW15 1NY or email to [email address] to make this request. The law gives you up to 60 working days from when we received your enquiry or 40 working days from when you receive this correspondence, whichever is the later date.

Where the outcome of the review fails to resolve the matter to your complete satisfaction you have the right to apply to the Scottish Information Commissioner for a decision, within six months of the date of the decision to a request for a review, or within six months from when we should have responded to your request for a review, whichever is the later date.

Regards

George Vickers
Information Governance Officer
Corporate Services
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone: 01856 873535 Extension: 2162
www.orkney.gov.uk

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Dear Mr Vickers,
Thanks for your reply.
I write to ask for a review of of your decision.
I realise that the issue is a sensitive one, and can see your reasons for applying s38 in particular.
I also realise that s38 is an absolute exemption, and requires no public interest test consideration.
However, I believe that the chances of any public disclosure about any individual data subject in the sharing of such statistical information is low. I would therefore ask, as a matter of good practice, that you apply the public interest test in any case, and share your reasoning.
In terms of FOI(S)A, I believe that s38 does not apply in this case.
I look forward to your response in the usual timescales.

Yours sincerely,

Mrs Maclean

Dear Madam

Freedom of Information (Scotland) Act 2002 – Request for Review

Thank you for your request for review dated 7 December 2017 and received on 8 December 2017. This is being dealt with under the Freedom of Information (Scotland) Act 2002.

We are considering your request.

The legislation allows us up to 20 working days from the date that we receive a valid review. We will be in touch within 20 working days of receipt of your review to provide our response. We hope to give you the information you are looking for at an earlier date if possible.

Kind regards

Katy Russell-Duff
Administrative Officer
Corporate Services
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone 01856 873535 Extension 2210

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Dear Madam

I refer to your email dated 7 December 2017 seeking a review of the Council's decision in respect of your freedom of information request dated 27 November 2017.

I have reviewed your request for a review carefully. Having done so, I can confirm that the numbers involved in the present case are such that the disclosure of the information would contravene the first data protection principle (fair and lawful processing of personal information). Accordingly the information is exempt information in terms of Section 38(1)(b) and Section 38(2)(a)(i) of the Freedom of Information (Scotland) Act 2002.

For these reasons I am unable to authorise this information to be disclosed and I am upholding the Council's decision as intimated to you by Mr Vickers on 4 December 2017.

If you are still dissatisfied with the Council’s response to your requirement for a review, you are entitled, under section 47 of the Freedom of Information (Scotland) Act 2002 to apply to the Scottish Information Commissioner for a decision as to whether your request has been dealt with by the Council in accordance with Part 1 of the Act. Your application must be submitted in writing or in another form capable of being used for subsequent reference, and should be submitted before the expiry of six months after the date of your receipt of this letter. Your application can be sent to the Commissioner at www.itspublicknowledge.info/Appeal or at the following address:

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS

Telephone: 01334 464611
Email: [email address]

Yours faithfully

Gavin Mitchell
Head of Legal Services
Corporate Services
Orkney Islands Council, Council Offices, Kirkwall, Orkney, KW15 1NY
Telephone: 01856 873535 Extension: 2210
www.orkney.gov.uk

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