Response

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

The Authority can confirm that a report titled Settlement of Public Liability Claim presented to the Legal Committee on Thursday 23 October is held.

This report relates to a specific public liability claim and was considered in private in accordance with the Authority’s Standing Orders Section 20, specifically sections ‘D’ and ‘F’. Section D applies where matters to be discussed are the subject of legal proceedings or where the information to be discussed consists of or includes legal advice provided to the Authority or to a third party. Section F applies where confidential commercial or financial information not already in the public domain could be disclosed.

While we aim to provide information wherever possible, some information is exempt in terms of the Act. In this instance, the information held is considered exempt for the following reasons:

• The report relates to a public liability claim and includes third party personal information which is considered exempt in terms of the Act. 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 subject.

• Information is also exempt in terms of the Act where legal advice privilege and litigation privilege applies. The report contains confidential legal advice in relation to an ongoing settlement and disclosure of that information would be prejudicial to the conduct of the litigation.

• The Authority also considers that the release of this information would be likely to endanger the health of an individual.

These exemptions require application of the public interest test.

Public Interest Test

The public interest factors in favour of disclosure are that:

• This would adhere to the basic principle of being open and transparent.

• This would support public understanding of the work of the Legal Committee and contribute to ensuring effective oversight of expenditure of public funds.

The public interest factors in favour of maintaining the exemptions are:

• 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.

• Disclosure of information provided in confidence may deter those individuals making public liability claims from providing all the relevant information. This would prejudice substantially the ability of the Committee to discharge their duties effectively in accordance with the Authority’s Corporate Governance Framework, and for the Authority to fulfil its function under section 24 of the Police and Fire Reform (Scotland) Act 2012.

• It is considered that the public interest in such matters is served through public reporting to the Legal Committee. Settlement figures arising from claims raised against Police Scotland are reported on a quarterly basis and includes public liability claims.

• There is a significant public interest in protecting individuals’ health and safety. Disclosure of information under FOISA is a disclosure to the world at large, not only the person making the request. It is likely that disclosure of sensitive personal information would endanger the health and wellbeing of those directly involved in the claim.

On balance, our conclusion is that maintaining the exemptions outweighs the public interest in disclosure.