FOI Request - Review of MAPPA Significant Case Review

Request 101002021091

Re: 101001851367

I would like the whole report please, as originally requested.

I understand that redaction is necessary to protect personal data and am happy to accept a version redacted to that extent.

Scottish Government guidance states that such a version should be available for publication.

Response 31-01-2019

Following your request for a review of our response to the FOI you submitted, MAPPA Significant Case Review – 101001851367, a review meeting was held at Council offices on 28th January 2019. In attendance were the Records and Heritage Manager, Acting Justice Service Manager and Information Co-ordinator with added contributions from the MAPPA Co-ordinator and Senior Solicitor.

The Council’s original response withheld the requested document for a variety of reasons but primarily because its disclosure could easily identify individuals. The original response and the possibility of providing a redacted version of this document was discussed, however it was found that the document in its current condition was not written to be made public and would still reveal individuals’ identities, especially so given the small size of this local authority area. It is the Council’s understanding that Significant Case Reviews are not always published and in this case it is not possible to do so without identifying people. The Council therefore upholds its decision to withhold the requested information under section 38(1)(b) of the Freedom of Information (Scotland) Act 2002, personal information. As this is an absolute exemption the Council is not required to consider the public interest test.

Due to the confidential content of the report the risk of identifying individuals and real events the Council also applied section 36 of the Act; confidentiality. The information contained within the report is not already public knowledge and to release the document, even a heavily redacted version, could cause harm to those identified. The Council believes it is against public interest to breach this confidence and upholds its decision to apply section 36(1) and (2) of the Act.

To act in breach of confidence would therefore be contrary to the effective conduct of public affairs, which makes it exempt under section 30(c) of the Act. Participants in the review process must be able to do so without fear of disclosure and if this type of information were to be released it could damage future processes. Given the important value in conducting thorough and effective Significant Case Reviews, it is not considered in the public interest to release this document.

Finally, partner learning and feedback is not held therefore the Council upholds its application of section 17 of the Act.