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Publication - FOI / EIR Release

Learning disability strategy and Scottish criminal justice agencies: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/02140
Date received: 22 September 2017
Date responded: 19 October 2017

Information requested

You asked for:

  1. The information within the 2013 strategy document "The Keys to Life: Improving quality of life for people with learning disabilities".

  2. Information to evidence compliance of all Scottish criminal justice agencies including in particular (i) the Scottish Prison Service; (ii) the Risk Management Authority; and (iii) the Scottish Criminal Cases Review Commission with Recommendation 47 of The Keys to Life.

Response

In terms of part one of your request please find a link to the Keys to Life Learning disability strategy, published in 2013 Keys to Life Strategy and of the Keys to Life Implementation Framework and Priorities 2015-17 Keys to Life Framework

In terms of the second part of your request, I have enclosed a copy of the report NHS Greater Glasgow and Clyde Prison Healthcare Project for People with Learning Disability sent to the Scottish Government at the end of 2014 (Appendix A).

The Scottish Government funded this project which sought to 'explore and scope out the programme of work required to increase awareness of, and facilitate access to, an appropriate level of evidence-based healthcare for adults and young offenders with learning disabilities or autism within the prison system'. The enclosed report details how the project went about fulfilling its aims and its findings. You will note that I have redacted names and contact details because an exemption under section 38(1)(b) of FOISA (personal information) applies to that information. The reason why this exemption has been applied are explained at the bottom of this letter.

While our aim is to provide information whenever possible, in this instance the Scottish Government does have some of the information you have requested regarding action taken by the Scottish Prison Service, the Risk Management Authority and the Scottish Criminal Cases Review Commission to implement the recommendations of No-one Knows – Prisoners with Learning Difficulties and Learning Disabilities, Scotland. You may wish to contact these organisations at their respective addresses, which I have detailed below:

Scottish Prison Service: Communications Branch, Room G20, Calton House 5 Redheughs Rigg, Edinburgh, EH12 9HW

Risk Management Authority: 7 Thread Street, Paisley, PA1 1JR Scottish Criminal Cases Review Commission: Portland House 17 Renfield Street, Glasgow G2 5AH.

I have also enclosed copies of the following publically available information, which should be helpful in terms of the second part of your request:

  • Report published in April 2016 by the Mental Health Implementation Group of National Prisoner Healthcare Network. As you'll see, beginning at p. 57, there is a report on progress towards the recommendations of the No-one Knows report (Appendix B)

  • The Scottish Commission for Learning Disability's Graphical Representation of the Journey through the Criminal Justice System for Suspects, Accused and Offenders with Learning Disabilities (Appendix C)

Due to the file size of Appendix C, copies can be provided on request by emailing ceu@gov.scot, quoting the FOI reference number FOI/17/02140

Reasons for not providing information

The Scottish Government does not have some of the information you requested because recommendation 47 of the Keys to Life placed the onus of taking forward the No-One Knows report's recommendations on the 'relevant' organisations but did not create an expectation that they would report to the Scottish Government on progress.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not some of the the information you have requested. An exemption under 38 (1)(b) of FOISA (personal information) applies to some of the information requested. This exemption applies because the information is personal data of a third party and disclosing it would contravene the date protection principles in Schedule 1 of the Data Protection Act 1998. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
23 Oct 2017
Learning disability strategy and Scottish criminal justice agencies: FOI release