Response

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

Each part of your request is copied below along with the Authority’s response.

Please provide, for the period 1 January 2013 to the date of this request, the following documents and records:

1. The complete version history (all drafts, final versions and amendments) of the SPA “Chief Officer Relocation Procedure” (or any similarly titled policy), including:

   * dates of drafting, dates of internal approval, version numbers and the names/titles of approving officers or committees;

The Authority can confirm that information is held.

The Chief Officers Relocation Procedure can reasonably be obtained as this is publicly accessible on Police Scotland’s website. The procedure includes a version control table with a history of amendments.

Information provided with this response is summarised below. Please note the procedure was originally titled ‘Chief Constable's Transfer Reimbursement of Expenses (Chief Officers)’ and was renamed ‘Chief Officers Relocation’ in 2020 when adopting version four.

* The Authority does not hold information. Minor changes would not require approval outwith the normal consultation process.

Consultation Feedback on the Chief Officers Relocation (V4.00 when published) held is also provided (Ref 1.8).

   * any legal advice obtained in relation to the Procedure (legal advice memos, counsel opinions, internal legal emails) and the identity of the legal adviser or firm that provided it.

The Authority can confirm that an email is held detailing legal advice to the Chief Executive.

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 in terms of the Act as legal advice privilege applies. Legal advice privilege covers communications between lawyers and their clients where legal advice is sought or given. This exemption requires 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.

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 circumstances were to be disclosed, it would prejudice substantially its ability to perform its legislative functions.

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

2. All Board papers, minutes, agenda items, decision records, formal approvals or equivalent evidencing SPA Board (or delegated committee) consideration and approval of:

   * the Chief Officer Relocation Procedure;

   * any policy or practice permitting claims for a retained former home or a “second home” for chief officers;

   * payment of LBTT/ADS to chief officers or payments made on their behalf to tax authorities.

The Authority can confirm that information is held.

Information provided is summarised below.

Information in a report to the Authority’s Audit Committee in March 2018 can reasonably be obtained as the allegations detailed are publicly accessible in the linked Employment Tribunal Judgment.

Based on the level of detail, reporting to the Succession Planning and Appointments Committee and appendices to assurance reporting to the Resources Committee is considered to be third-party personal data which is exempt in terms of FOISA. 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. It is also considered that the legitimate interest is met by total relocation expenses being provided which are reported to be in line with the Chief Officer’s Relocation Procedure. In some cases, totals are also published in the relevant Annual Report and Accounts which is subject to independent audit and laid before Parliament.

3. All correspondence, emails, notes of meetings or briefing documents exchanged between SPA and the following external parties that relate to the introduction, amendment or application of the Chief Officer Relocation Procedure, LBTT, ADS, or any chief-officer second-home/retained-home allowances:

   * Police Scotland;

   * Scottish Government (specifically any relevant civil servants or ministers);

   * Police Negotiating Board for Scotland or representatives thereof;

   * Scottish Police Federation (where relevant to chief-officer allowances);

   * any other external party consulted or notified about the procedure (identify party and provide correspondence).

The Authority can confirm that information is held.

Information provided is summarised below.

Some content has been redacted where it is not in scope of your request or where this is third-party personal data. 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.

4. Any record demonstrating that SPA sought and obtained any required approval, agreement, endorsement or change to regulations from Police Negotiating Board for Scotland (PNB) or any other negotiating body to permit SPA’s Chief Officer Relocation Procedure or payment of LBTT/ ADS in circumstances where a former home was retained (i.e. evidence of PNB minutes, approvals, submissions, or formal confirmations).

The Authority does not hold information.

5. Copies of the specific provisions of Annex 19 (Regulation 27) of The Police Service of Scotland Regulations 2013 relied on by SPA when applying relocation/LBTT/ADS payments to chief officers, together with any SPA internal interpretation or legal opinion that links those Regulations to SPA’s practice (for example, internal guidance explaining how Annex 19 authorises SPA’s approach).

The Authority considers that the provisions of Annex 19 (Regulation 27) of The Police Service of Scotland Regulations 2013 can reasonably be obtained as this is publicly available. Also publicly available are The Police Service of Scotland Regulations 2013 and The Police Negotiating Board Scotland Police Officer Handbook guidance on Removal Expenses

As per our response at part one, the Authority can confirm that an email is held detailing legal advice to the Chief Executive. This is considered exempt as explained at part one.

6. All claim forms, decision records, approval forms, payment authorisations, expense claim attachments and internal audit or verification records for **every** payment categorised as “relocation”, “retention of former home”, “second home”, or “Additional Dwelling Supplement” paid to any SPA-appointed chief officer (rank ACC and above / or “chief officers”) since 1 January 2013. For each payment please provide:

   * name of recipient (or redacted name with job title if SPA asserts personal data exemptions — if redacted, please provide job title and rank, dates and amounts);

   * job title/rank at time of payment;

   * date of claim and date of payment;

   * amount paid and payment category (relocation / ADS / other);

   * the approving officer/approving committee and copy of the approval rationale;

   * any supporting documents submitted with the claim (travel/moving invoices, valuations, solicitors’ statements, tax advice, etc.).

The Authority can confirm information is held.

The Authority’s Annual Report and Accounts (ARA) includes information on the remuneration of the Police Scotland Force Executive. Where relocation expenses have been paid, detail is provided in the “Notes to Police Scotland Force Executive Remuneration” section.

The Authority considers that some of the information can reasonably be obtained as ARAs for the previous three years are publicly available on our website - Annual Report and Accounts (see Related Content). Relevant notes from ARAs previous to 2022-23 are provided below.

A number of email communications are provided (Ref 6.1 – 6.5). Some content and attachments to these communications is considered to be third-party personal data which is exempt in terms of FOISA. 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. In this instance it is considered that the legitimate interest is met by total relocation expenses being published in the relevant Annual Report and Accounts, which is subject to independent audit and laid before Parliament.

In terms of information held regarding relocation expenses paid to Assistant Chief Constables, we would refer you to the Chief Officer Relocation Annual Assurance Reporting to the Resources Committee provided (Ref 2.6, 2.7 and 2.8).

The Authority does not routinely receive claim forms or hold related information. By means of explanation, the Chief Officer Relocation Procedure requires expense forms to be completed and submitted to the Director of People and Development. This role and administration of this procedure is carried out by Police Scotland. Information may be available by contacting Police Scotland at foi@scotland.police.uk

7. All internal SPA communications (emails, meeting notes, briefing papers, memos) that discuss whether the Chief Officer Relocation Procedure or payment of ADS is consistent with Annex 19 of the Police Service of Scotland Regulations 2013 and/or the Police Officers Handbook (PNB “Police Officers Handbook”), including any internal debate about whether SPA actions were within SPA’s statutory powers.

The Authority can confirm information is held.

An internal communication is provided as Ref 7.1.

The report for Item 14 Relocation Policy for Chief Officers (Ref 2.5), presenting version four of the procedure to a meeting of the Authority for approval in May 2020, stated at paragraph 1.1.

1.1 Police officer entitlement to relocation expenses is in line with the Determinations under the Police Service of Scotland Regulations 2013 and any change to actual entitlements would require negotiation through the Police Negotiating Board.

8. Any record of legal or regulatory risk assessments, external legal advice or counsel opinions obtained by SPA about whether paying relocation/LBTT/ADS for a retained former home or second home to chief officers is lawful and/or within SPA’s authority.

The Authority does not hold information.

9. Any equality impact assessment, public interest test, value-for-money assessment, internal audit report or external audit report that considered SPA’s Chief Officer Relocation Procedure or payments referenced above.

The Authority can confirm information is held.

Information provided is summarised below.

• Chief Officers Relocation Procedure EqHRIA (Ref 9.1).

• The 2016/2017 audit of the Scottish Police Authority can reasonably be obtained as this is publicly accessible on Audit Scotland’s website, ^[12] see paragraphs 11 to 15.

• Item 8 Progress on recommendations from the Scott-Moncrieff report presented to a meeting of the Authority’s Audit Committee on 24 July 2018 (Ref 2.2).

• Item 10 Relocation Costs Internal Audit Report presented to a meeting of the Authority’s Audit Risk and Assurance Committee on 6 May 2020 (Ref 2.3)

10. A complete list of SPA staff, Board members and/or committees who were involved in drafting, approving or implementing the Chief Officer Relocation Procedure, with role/title and the dates of their involvement.

The Authority can confirm information is held.

Those roles involved in drafting, approving or implementing the Chief Officer Relocation Procedure and related dates is summarised below.

In terms of information provided with this response, some content has been redacted throughout where it is not in scope of your request or where this is third-party personal data. 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.