Response

The Scottish Police Authority has considered your request under the Freedom of Information (Scotland) Act (FOISA).

In terms of part one of your request, internal and external correspondence relating to the financial settlement with the family of Sheku Bayoh. The Authority can confirm that information is held.

Whilst we aim to provide information wherever possible, in some instances, information is exempt in terms of FOISA. Explanation is provided below where this applies.

An email to Members communicating details of the private meeting of the Legal Committee to consider the matter of the settlement of a legal claim is considered exempt as this information can reasonably be obtained. Details of this meeting, including the agenda and committee membership, are available on the Authority's website. To assist a link to this information is provided as a footnote.

A report and litigation table provided to Members by Police Scotland to support consideration of the matter is exempt as this was obtained from another authority and contains confidential legal advice and opinion of senior counsel regarding ongoing litigation. This exemption is absolute and does not require application of the public interest test.

A briefing note produced by the Authority’s Legal team and provided to Members to support consideration of the matter is exempt as this contains confidential legal advice. This exemption requires application of the public interest test which is set out later in this response.

The approved minute of the private meeting of the Legal Committee is exempt as this contains a record of the legal advice provided to Members⁴. This exemption requires application of the public interest test which is set out later in this response.

Correspondence held between the Authority and Scottish Government is provided. The letter of 27 February to Scottish Government seeks the necessary approval to provide authority to Police Scotland’s Chief Legal Officer to settle the claim, fully and finally. Scottish Government’s response of 6 March confirms Ministers have noted this position. Some information is redacted where this is confidential³, or that of a third party. Both exemptions are absolute and do not require application of the public interest test.

The above-mentioned report, briefing note, minute and correspondence are all also exempt as they contain sensitive third-party personal information relating to the claimants⁵. This exemption is absolute and does not require application of the public interest test. While you may have a legitimate interest in disclosure of this information, it is our view that those interests are overridden by the interests or fundamental rights and freedoms of the data subjects.

As the above-mentioned report, briefing note, and minute contain sensitive third-party personal information relating to the claimants, we further consider these exempt as disclosure would likely endanger the physical or mental health or safety of individuals.

In terms of part two of your request - how much money is being paid. The Authority can confirm that information is held.

An email from Police Scotland to the Authority confirming details of the legal settlement is exempt as this is deemed confidential.  This exemption is absolute and does not require application of the public interest test.

For those exemptions that require application of the public interest test, this is set out below.

Public Interest Test

The public interest in favour of disclosure of the requested information:

• This would adhere to the basic principle of being open and transparent and inform public understanding of how such matters are considered.

• This would allow scrutiny of the use of public funds in terms of best value.

The public interest factors in favour of maintaining the exemption being:

• The public interest in terms of policing principles is being served through the ongoing independent public inquiry set up to examine the events surrounding the death of Sheku Bayoh.

• To serve the public interest, the resolution of the legal claim was publicly communicated through a joint statement on behalf of the claimants and the Chief Constable of Police Scotland. This statement advised that, to respect the privacy of the family, the details of the agreement will remain confidential.

• There is a significant public interest in protecting individuals’ physical or mental health as disclosure under FOISA is a disclosure to the world at large, not only the person making the request. While there is information in the public domain, it is likely that disclosure of confidential and sensitive personal information would endanger the wellbeing of those involved in this legal settlement causing further distress.

• There is a strong inherent public interest in maintaining the right to confidential communications between a legal adviser and client.

• If the Authority’s legal advice in individual cases were to be disclosed, it would prejudice substantially its ability to perform its legislative functions.

• If the Authority disclosed confidential information obtained from another public authority this would prejudice substantially its ability to perform its legislative functions.

• The settlement will be accounted for within the upcoming Annual Report and Accounts for 2024-25 which will be subject to independent external audit and laid in Parliament.

Therefore, on balance, our conclusion is that maintaining the exemptions outweigh that of disclosure.