IR 44184: review decision and service responses EXTRACTED TRANSCRIPT Text extracted from the decision notice dated 18 September 2026. It confirms a response of 19 August and review request received on 22 August. The original PDF bytes are not available in this archive. In particular, the extracted audit-form pages contain gaps; they must not be read as evidence that no searches were recorded. Council redactions are retained. Email addresses and telephone numbers have been removed from this public transcript where present. Text extraction may omit image-only content and alter table alignment; gaps are not evidence that an original page was blank. --- PDF PAGE 1 --- Aberdeenshire Council Freedom of Information (Scotland) Act 2022 (“The Act”) Decision Notice – Section 21(5) Application by K. Forbes Information Request: 44184 Dear Mr. Forbes, In accordance with section 21(1) of the Act, the review panel of Aberdeenshire Council has considered your application for a requirement for review received on the 22nd of August 2026. In accordance with section 21(5) of the Act, the review panel herewith gives notice in writing that the decision notice complained about dated the 19th of August 2026, required amendment to reflect the fact that further information is now provided. A statement of the reasons for the decision as required by section 21(5) of the Act is appended. Application for a decision by the Scottish Information Commissioner: By virtue of section 47 of the Act, a person who is dissatisfied with a decision notice issued under section 21(5) or (9) of the Act, may apply to the Scottish Information Commissioner for their decision as to whether, in any respect specified in that application, the request for information under section 1(1) of the Act, has been dealt with in accordance with Part 1 of the Act. An application to the Scottish Information Commissioner must be made in writing (or in another form having some permanency e.g. a video / tape recording) within six months of receipt of a section 21 decision notice from Aberdeenshire Council’s review panel. When applying to the Scottish Information Commissioner to make a decision with respect to a section 21 decision notice, you must state your name and address for correspondence. You must also specify: (a) The request for information to which the requirement for review was made to Aberdeenshire Council relate. (b) The matter which gives rise to your dissatisfaction and your request for review; and (c) The matter which gives rise to your dissatisfaction pertaining to the decision given in the section 21 decision notice. An appeal can now be made online at the following address: https://www.foi.scot/appeal Yours sincerely, Clerk to the Review Panel Aberdeenshire Council 18th September 2026 --- PDF PAGE 2 --- Further Information: The Scottish Information Commissioner can be contact at: - Scottish Information Commissioner Kinburn Castle Doubledykes Road St. Andrews Fife KY16 9DS Telephone: [telephone number redacted for this public copy]Fax: [telephone number redacted for this public copy]Email: [email address redacted for this public copy] Web: https://www.foi.scot/appeal Appeals against a decision of the Scottish Information Commissioner: Section 56 of the Freedom of Information (Scotland) Act 2002 (“The Act”) provides an appeal on a point of law may be made to the Court of Session. (a) Against a decision of the Scottish Information Commissioner (under subsection (2) of section 49 – i.e. where the Commissioner determines that a decision does not require to be made) by the person who applied to the Scottish Information Commissioner to make such a decision (i.e. an applicant); (b) Against a decision of the Scottish Information Commissioner (under subsection 3(b) of section 49) by an applicant or by the Scottish Public Authority in respect of which the decision was made; or (c) Against a decision which resulted in the giving of an information notice or an enforcement notice to a Scottish Public Authority. --- PDF PAGE 3 --- Statement of Reasons - 44184 The Review Panel had before it the initial request, the service response, the request for review and further submissions from both parties. The Review Panel noted that the service had provided responses to the points raised in the request for review. The Review Panel agreed that the service responses should be forwarded to the requester, including the audit forms. The Review Panel agreed that the further question posed by the applicant in terms of any fixed infrastructure ought to be treated as a new request and that this would be lodged and processed accordingly. The Review Panel agreed that the original decision notice required to be amended to reflect that further information had been provided to the requester albeit in relation to questions raised in the review process rather than to the initial request. --- PDF PAGE 4 --- Further Information and Answers Provided - 44184 --- PDF PAGE 5 --- FOI REVIEW 44184 Response to Initial Review Request We note that the applicant has included 7 points within his initial review request, many of these would seem to be statements in respect of the initial response, rather than detailing any grounds for review. Please see our answers in respect of these below. 1. We can confirm that the items listed are those which were removed. 2. This is stated. 3. This is stated. 4. This is a statement with the process being outlined within Appendices 1, 2 and 3 which provided alongside the initial response. This is normal operational procedure as part of the decant arrangements. 5. This would be the general position and the statement was provided to aid the applicant’s understanding in terms of the effect / impact. 6. This is the case as no information in respect of this is held. 7. This would seem to be the applicant’s own assessment of the response and our position, we have provided the information which we hold in respect of the request as per duties under the Act and the purpose of the review is to assess the handling of the applicant’s request and not the removal process. We also note that the applicant has asked the panel to consider whether adequate searches have been carried out in this case and we attach the relevant audit forms for your information. We are satisfied that no further information is held in respect of this case. Response to Applicant’s Further Submission We also note the following points in terms of his further submission in this case, again some of these would seem to represent statements rather than review grounds, our answers are provided below. 1. The decant checklist appears to require specific permission --- PDF PAGE 6 --- This has been dealt with in terms of our answer to point 4 above, as this would seem to echo his concerns raised at the time his initial review. 2. The volume of items removes was significant The initial part of the applicants submission in this regard would seem to be a statement of his views, we note that he feels that our response does not adequately explain the following:  Who authorised the removals – This is explained in our response.  Which removals were temporary – This would not appear to have been requested in the initial request. Appendix 3 already identifies the current location of the relocated items. A statement has also previously been provided that all equipment removed was fully mobile, easily transportable and can be returned if required.  Which items are now required by receiving schools – see answer above.  What can be returned – see answer above.  Whether any items have been permanently redeployed - see answer above.  Whether reinstatement has been properly considered – see answer above. 3. Fixed equipment and kitchen equipment This seems to be a new request in relation to the status of any smart boards, projectors, fixed screens, fixed furniture etc. which seems to have been taken from the statement within the decant list provided as part of our initial response. 4. Reopening and reinstatement We note that our response stated that no discussions had taken place in this regard as a result no such information is held, we are happy for the applicant to be provided with confirmation of this if he does not feel that our initial response was sufficient in this regard. 5. Risk of prejudicing consultation --- PDF PAGE 7 --- Again we note that this would seem to be a statement by the applicant relating to the removal process rather than the handling of his request, in our view it would not be in the remit of the panel to make such a statement as part of their decision notice. That being said we note that he seeks reassurance in terms of the searches carried out and we have attached copies of the relevant audit forms for consideration by the panel. We are satisfied that no further information is held in respect of this case. 6. Outcome requested We appreciate that this is a matter for the review panel. --- PDF PAGE 8 --- FOI audit form v1.2 March 2022 Page 1 of 7 FOI audit form - To be completed detailing the actions and decisions taken in responding to an FOI request. This form should be saved into the AXLR8 Files relating to the request before closure, along with all emails and other correspondence. AXLR8 reference AbdnShireIR: Check here if no search carried out / no search required. Name of system searched Search criteria Searched by Date searched --- PDF PAGE 9 --- Exemption(s) Applied See Appendix 1 Reason for exemption application FOI audit form v1.2 March 2022 Page 2 of 7 --- PDF PAGE 10 --- Public Interest Test Scottish Information Commissioner’s briefing If using any of the following exemptions, then you must go on to consider the public interest test to determine whether the information should be disclosed: • Section 27 – Information intended for future publication • Section 28 – Relations within the United Kingdom • Section 29 – Formulation of Scottish Administration policy etc. • Section 30 – Prejudice to effective conduct of public affairs • Section 31 – National security and defence • Section 32 - International relations • Section 33 - Commercial interests and the economy • Section 34 – Investigations by Scottish public authorities and proceedings arising out of • such investigations • Section 35 – Law enforcement • Section 36(1) – Confidentiality • Section 38(1)(b) – Personal information: • Either read with section 38(2b): i.e., disclosure of personal data would contravene Article 21 of the GDPR general processing: right to object to processing) • Or read with section 38(3a): i.e., if the subject of the information were to ask to see their own information under Article 15(1) of the GDPR (or under section 45(1)(b) of the DPA 2018) the information would be withheld • Section 39 – Health, safety and the environment • Section 40 – Audit functions • Section 41 – Communications with Her Majesty etc. and honours Outcome of Public Interest Test FOI audit form v1.2 March 2022 Page 3 of 7 --- PDF PAGE 11 --- Substantial Prejudice Test There is no definition of ‘substantial prejudice’ under FOISA, but the damage caused by disclosing the information must be of real and demonstrable significance, rather than simply marginal. Outcome of Substantial Prejudice Test Exemptions Applied by Reviewed by (if applicable) Redactions Applied by Reviewed by (if applicable) FOI audit form v1.2 March 2022 Page 4 of 7 --- PDF PAGE 12 --- Appendix 1 – Exemptions Absolute Exemptions / Refusal Notices Exemption Link to guidance Indicate here if applied Section 12 - Fees and excessive cost of compliance (See Appendix 2) OSIC guidance Section 14 (2) - Vexatious requests OSIC guidance Section 14 (1) - Repeated requests OSIC guidance Section 17 - No Information held OSIC guidance Section 25 – Information otherwise accessible OSIC guidance Section 26 - Prohibitions on disclosure OSIC guidance Section 36 (2) – Confidentiality – actionable breach of confidence OSIC guidance Section 37 (1)(a)(i) – Court records OSIC guidance Section 38 (1) (a) - Personal information OSIC guidance Section 38 (1) (d) A deceased person’s health records OSIC guidance FOI audit form v1.2 March 2022 Page 5 of 7 --- PDF PAGE 13 --- Non-Absolute Exemptions Link to guidance Substantial Prejudice Test Public Interest Test Section 27(1) – Information intended for future publication within 12 weeks of the request OSIC guidance N/A Section 27(2) - Research information from a programme of research, due to be published and where prior publication would cause substantial prejudice OSIC guidance N/A Section 30 Prejudice to the effective conduct of public affairs OSIC guidance Section 33(1)(a) Trade Secrets OSIC guidance N/A Section 33(1)(b) Commercial interests where disclosure would be likely to substantially prejudice the commercial interests of any person or organisation OSIC guidance Section 34(1)(a) Information held for the purposes of an investigation which the Council has a duty to conduct in order to ascertain whether a person should be prosecuted for an offence or whether a person prosecuted for an offence is guilty OSIC guidance N/A Section 35(1)(a) Law Enforcement, where disclosure could prejudice the prevention and detection of crime OSIC guidance Section 36(1) Legal Professional Privilege OSIC guidance N/A Section 38 (1) (b) Personal information about someone other than the applicant OSIC guidance N/A Section 39(1) Health and Safety OSIC guidance N/A Section 39 Environmental Information OSIC guidance N/A Section 40 Audit Functions, where disclosure would prejudice effective audit OSIC guidance FOI audit form v1.2 March 2022 Page 6 of 7 --- PDF PAGE 14 --- Appendix 2 – Section 12 cost calculations Details of activity Estimated time (hr) Cos t per hour (max. £15 p/h) Cost (time x cost per hour) Locating, retrieving and providing information Scanning, photocopying, etc. Redaction TOTAL FOI audit form v1.2 March 2022 Page 7 of 7 £ £ £ £ --- PDF PAGE 15 --- FOI audit form v1.2 March 2022 Page 1 of 7 FOI audit form - To be completed detailing the actions and decisions taken in responding to an FOI request. This form should be saved into the AXLR8 Files relating to the request before closure, along with all emails and other correspondence. AXLR8 reference AbdnShireIR: Check here if no search carried out / no search required. Name of system searched Search criteria Searched by Date searched --- PDF PAGE 16 --- Exemption(s) Applied See Appendix 1 Reason for exemption application FOI audit form v1.2 March 2022 Page 2 of 7 --- PDF PAGE 17 --- Public Interest Test Scottish Information Commissioner’s briefing If using any of the following exemptions, then you must go on to consider the public interest test to determine whether the information should be disclosed: • Section 27 – Information intended for future publication • Section 28 – Relations within the United Kingdom • Section 29 – Formulation of Scottish Administration policy etc. • Section 30 – Prejudice to effective conduct of public affairs • Section 31 – National security and defence • Section 32 - International relations • Section 33 - Commercial interests and the economy • Section 34 – Investigations by Scottish public authorities and proceedings arising out of • such investigations • Section 35 – Law enforcement • Section 36(1) – Confidentiality • Section 38(1)(b) – Personal information: • Either read with section 38(2b): i.e., disclosure of personal data would contravene Article 21 of the GDPR general processing: right to object to processing) • Or read with section 38(3a): i.e., if the subject of the information were to ask to see their own information under Article 15(1) of the GDPR (or under section 45(1)(b) of the DPA 2018) the information would be withheld • Section 39 – Health, safety and the environment • Section 40 – Audit functions • Section 41 – Communications with Her Majesty etc. and honours Outcome of Public Interest Test FOI audit form v1.2 March 2022 Page 3 of 7 --- PDF PAGE 18 --- Substantial Prejudice Test There is no definition of ‘substantial prejudice’ under FOISA, but the damage caused by disclosing the information must be of real and demonstrable significance, rather than simply marginal. Outcome of Substantial Prejudice Test Exemptions Applied by Reviewed by (if applicable) Redactions Applied by Reviewed by (if applicable) FOI audit form v1.2 March 2022 Page 4 of 7 --- PDF PAGE 19 --- Appendix 1 – Exemptions Absolute Exemptions / Refusal Notices Exemption Link to guidance Indicate here if applied Section 12 - Fees and excessive cost of compliance (See Appendix 2) OSIC guidance Section 14 (2) - Vexatious requests OSIC guidance Section 14 (1) - Repeated requests OSIC guidance Section 17 - No Information held OSIC guidance Section 25 – Information otherwise accessible OSIC guidance Section 26 - Prohibitions on disclosure OSIC guidance Section 36 (2) – Confidentiality – actionable breach of confidence OSIC guidance Section 37 (1)(a)(i) – Court records OSIC guidance Section 38 (1) (a) - Personal information OSIC guidance Section 38 (1) (d) A deceased person’s health records OSIC guidance FOI audit form v1.2 March 2022 Page 5 of 7 --- PDF PAGE 20 --- Non-Absolute Exemptions Link to guidance Substantial Prejudice Test Public Interest Test Section 27(1) – Information intended for future publication within 12 weeks of the request OSIC guidance N/A Section 27(2) - Research information from a programme of research, due to be published and where prior publication would cause substantial prejudice OSIC guidance N/A Section 30 Prejudice to the effective conduct of public affairs OSIC guidance Section 33(1)(a) Trade Secrets OSIC guidance N/A Section 33(1)(b) Commercial interests where disclosure would be likely to substantially prejudice the commercial interests of any person or organisation OSIC guidance Section 34(1)(a) Information held for the purposes of an investigation which the Council has a duty to conduct in order to ascertain whether a person should be prosecuted for an offence or whether a person prosecuted for an offence is guilty OSIC guidance N/A Section 35(1)(a) Law Enforcement, where disclosure could prejudice the prevention and detection of crime OSIC guidance Section 36(1) Legal Professional Privilege OSIC guidance N/A Section 38 (1) (b) Personal information about someone other than the applicant OSIC guidance N/A Section 39(1) Health and Safety OSIC guidance N/A Section 39 Environmental Information OSIC guidance N/A Section 40 Audit Functions, where disclosure would prejudice effective audit OSIC guidance FOI audit form v1.2 March 2022 Page 6 of 7 --- PDF PAGE 21 --- Appendix 2 – Section 12 cost calculations Details of activity Estimated time (hr) Cos t per hour (max. £15 p/h) Cost (time x cost per hour) Locating, retrieving and providing information Scanning, photocopying, etc. Redaction TOTAL FOI audit form v1.2 March 2022 Page 7 of 7 £ £ £ £