FOI Review - Review of 101003223795 Statutory Powers for Teaching of LGBTQ+
Request 101003260653
Review of 101003223795 Statutory Powers for Teaching of LGBTQ+
I am writing to request an internal review of Moray Council's handling of my FOI request 'Statutory powers and legislation that allows teaching of LGBTQ+ to under 16's per CfE'.
failure to respond to the request for 'Statutory powers and legislation that allows teaching of LGBTQ+ to under 16's per CfE'.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/statutory_powers_and_legislation_21
Response 27-03-2023
Following your request for a review of Freedom of Information (Scotland) Request (FOI request) - Statutory Powers for Teaching of LGBTQ+ - 101003223795, a review meeting (our ref 101003260653) was held 17th March 2023. In attendance were Quality Improvement Officer, Solicitor Licensing and Regulatory, Information Governance Manager & DPO, and, Information Co-ordinator.
The Council’s response to your original FOI request received 23/01/2023 was discussed.
Regarding your first question, we found that we could have been clearer in our reply and stated that the information you requested is exempt under Section 25 – Information Otherwise Accessible and available e.g. published on a website etc. In order to be helpful we have put links below, please see:
• A summary of the legislative framework around schools in Scotland can be found here https://education.gov.scot/education-scotland/scottish-education-system/policy-for-scottish-education/legislation/
• Relationships and sex education is incorporated into the Health and Wellbeing aspect of the Personal, Social and Health Education as advised by Scottish Government and Education Scotland https://education.gov.scot/Documents/health-and-wellbeing-eo.pdf
• This is taught as part of the Curriculum for Excellence https://education.gov.scot/Documents/health-and-wellbeing-eo.pdf (pages 17 – 19)
In hindsight, we should have responded with more clarity and stating that the information requested is exempt under Section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. Please accept our apologies for this.
Regarding your second question, we found that our original response lacked detail. We can confirm that there is no set programme to teach LGBTQ+ in Moray. If a question concerning this topic is asked by a child in class it would be discussed in context if appropriate, depending on age and group, and any individual issues would be dealt with separately, sensitively and privately. As per our original response, this would be in secondary school within the year groups S4-S6 where children are aged 16-18. This would be as and when the need to discuss the topic arises.
Please accept our apologies for the brevity of the previous response to this question.