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Pressure group warns of changes to FOI legislation for special schools

New jobs created by Caithness engineering and design company.
New jobs created by Caithness engineering and design company.

A pressure group has warned against Scottish Government proposals to extend the length of time special schools are given to respond to freedom of information requests.

The government has ordered a consultation on allowing special 60 rather than 20 days to reply.

Officials argue “practical administrative issues” at grant-aided and independent special schools make it “difficult, if not impossible to respond to information requests within the statutory 20 working days”.

But the head of the Campaign for Freedom of Information in Scotland (CFoIS) has branded the proposals “excessive and disproportionate”.

Carole Ewart, convener of the CFoIS, said: “To increase the timescales for some schools will cause confusion about the law and have a disproportionate impact on the right of disabled children and their families.

“We are also alarmed that breaching the principle of universal application will tempt other potential providers – like housing associations, private companies or the third sector – to demand special treatment if and when they are covered.

“These proposals are excessive and disproportionate, extending the time so much that any information would be far less use to the requester, and it delays possible appeals to the Scottish Information Commissioner.”

The Scottish Government said the change, which is scheduled to come into force on October 1, is “intended to allow sufficient time to respond to freedom of information requests and reviews whilst taking into account school holiday periods”.

“In effect, this means that only recognised school days are used in a calculation of when to respond to a request or review up to a maximum of 60 working days from the date of receipt,” the consultation document adds.