FOI Request - Review of Looked After Children 4

Request 101002035454

Re: 101002003366  

Thank you for your response.    However, I do not accept the statements "
c) The numbers are so few that disclosure would risk identifying individuals. This information is therefore exempt under section 38(1)(b) of the Freedom of Information (Scotland) Act 2002, personal information.
d) The numbers are so few that disclosure would risk identifying individuals. This information is therefore exempt under section 38(1)(b) of the Freedom of Information (Scotland) Act 2002, personal information."

I am requesting numbers of cases.   I am not asking for any personal details or any information that could trace and/or identify.   I would argue that the higher the number in answer the higher the risk of identifying somebody.

Response 11-02-2019

Following your request for a review of our response to the FOI you submitted, Looked After Children 4 - 101002035454, a review meeting was held at the Council offices on 5th February 2019. In attendance were the Senior Solicitor and Information Co-ordinator, in consultation with the Records and Heritage Manager and Acting Head of Integrated Children's Services.

The reason for withholding the number of complaints under section 38(1)(b) of the Freedom of Information (Scotland) Act 2002, Personal Information, was discussed. The exemption was applied in line with Council practice to withhold figures lower than five, as there is a higher risk of identifying individuals. This is especially so given the small size of our local authority. It was agreed that by disclosing the figures requested, there is a risk of identifying either Council staff or members of the public who have complained. As this exemption is an absolute exemption, it is not subject to the public interest test.

The Council therefore upholds its decision to apply section 38(1)(b) of the Act to the number of complaints made.

As details of any action taken as a result of complaints relates only to the figures withheld above, it therefore follows that the Council also upholds its decision to apply section 38(1)(b) of the Act to this information.