Statutory powers and legislation that allows teaching of LGBTQ+ to under 16's per CfE

[name removed] made this Freedom of Information request to North Lanarkshire Council as part of a batch sent to 32 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.

North Lanarkshire Council did not have the information requested.

Dear North Lanarkshire Council,

Per FOISA please provide me with information contained in your records as follows:

Please provide statutory powers and legislation that gives your local authority education and Schools per Curriculum for Excellence, the legal authority to teach LGBTQ+ to children age 16 and under, in schools that fall within your council area?

Please advise at what age or equivalent nursery/Primary year/High School year that LGBTQ+ teaching commenced throughout your local council schools?

Yours faithfully,

[name removed]
[name removed]

Angelene Kirkpatrick, North Lanarkshire Council

Dear Sir/madam

I acknowledge receipt of your request which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours sincerely

Angelene Kirkpatrick
For Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB

Working from home
Please contact via email

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Jacqueline Keachie, North Lanarkshire Council

Dear Sir/Madam

Request for Information

I refer again to your email dated  23 January 2023 seeking information
under the Freedom of Information legislation.

Having investigated, I can advise that with regards to statutory powers
the information sought is not held and in terms of Section 17 of the
Freedom of Information (Scotland) Act 2002, I must advise you of this.

I can advise that the information on the ages or years that teaching
commences is already in the public domain and, Section 25 of the Freedom
of Information (Scotland) Act 2002 provides an absolute exemption for
information that is already accessible. 

To be of assistance, I can advise that teaching around issues of sexuality
falls within the national Relationships, Sexual Health and Parenthood
programme (RSHP). The direct link to this resource is as follows:-

[1]https://rshp.scot/

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can within forty working days require a review of that decision
by writing to the Chief Officer of Legal and Democratic, Civic Centre,
Windmillhill Street, Motherwell ML1 1AB.  Accordingly, if you are
dissatisfied with this decision and seek such review please write to the
Chief Officer of Legal and Democratic.

I would advise, also, that in terms of Section 47 of the Act a person who
is dissatisfied with a notice given by the local authority under Section
21 of the Act - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Act.  Such an application must be made within
six months of the review decision and be in writing or in another form
which, by reason of it having some permanency is capable of being used for
subsequent reference. The application must state the name of the
applicant, and provide an address for correspondence. The application must
also specify the request for information to which the requirement for
review relates, the matter which gave rise to the applicant’s
dissatisfaction with the original decision of the local authority and the
matter which gives rise to the applicant’s dissatisfaction with the
decision on review by the local authority or the failure of the local
authority to issue such a decision.  The Scottish Information Commissioner
can be contacted as follows:-

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

KY16  9DS

email: [2][email address]

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

[3]www.itspublicknowledge.info/Appeal

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

Yours sincerely

Jacqueline Keachie

For Freedom of Information Co-ordinator

North Lanarkshire Council

Working from Home

Contact by Email

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