TRANSPARENCY campaigners have expressed concern over proposals to create a 'two tier' Freedom of Information regime in Scotland which will see some public bodies given three times as long to respond to requests.
The Scottish Government has moved to hand independent special schools and grant-aided schools, which have recently become subject of laws giving the public a legal right to information for the first time, special status.
They will have up to 60 working days to provide information, compared to the 20 day limit which has applied to every other body since the introduction of the law over a decade ago.
The change, which will allow the schools to effectively discount holiday periods when considering time limits, was agreed after the institutions argued that they were too small to cope with the 20-day burden in holiday periods, and are not supported by council administrators.
But campaigners have warned that the precedent could lead to demands from other organisations for exemptions or preferential treatment, with the Campaign for Freedom of Information in Scotland saying it feared the move would prove "the thin end of the wedge". Some local councils have already called for the extension to apply to all schools due to lengthy holiday periods.
Chris Bartter, the group's spokesman, said: "This creates a two-tier system. It will create confusion for applicants, who will wonder what rules apply to them, and reduces the rights for some of society's most vulnerable people.
"Normal public sector schools have been covered by the 20 day limit since the law was introduced and it hasn't caused them any problems."
The regulations will be considered tomorrow by the Scottish Parliament's education committee, and need parliamentary approval to pass. Mr Bartter launched a last minute appeal for MSPs to block the secondary legislation.
There are currently 39 independent special schools on the Register of Independent Schools which play a central role in meeting the needs of approximately 800 of Scotland's most vulnerable children.
The schools provide education and care in residential and day schools for children and young people with complex needs such as physical disabilities, mental health problems and social, emotional and behavioural challenges. Places at independent special schools are generally funded through local authorities. Freedom of Information legislation does not apply to fee-paying, private schools which are separate.
Among the groups backing the exemption are Capability Scotland and the Scottish Council of Independent Schools, which said the proposals allow the appropriate flexibility. The Scottish Information Commissioner also backed the changes.
However, Tam Baillie, the Children and Young People’s Commissioner in Scotland, said the schools provided core functions of the state, meaning the same rules should apply. In a response to a Government consultation, he added: "They also are responsible for the most vulnerable of our children and young people. As such it is especially important as a matter of public interest to access relevant matters of expenditure and management information so as to ensure best value and transparency in the management of public funds.
"I feel strongly that the same rules should apply to these schools. The right to access information about the education provided to our children timeously should be provided, regardless of whether the education is being provided by a local authority or an independent special or grant-aided school."
A Scottish Government spokeswoman said: "The proposed Regulations address the practical issues faced by special schools not run by local authorities, predominantly made up of those serving children with additional support needs.
"In particular, such schools commonly have very small admin staff numbers and we are keen that nothing be done to misdirect vital resources that should be devoted to the children. Parallel changes to the statutory Code of Practice emphasise that requests should still be responded to during holiday periods if staff are available, and that all requests should be answered promptly."
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