All
I am back on this one again..........
Under DP I have stated to a party who is being investigated that they should be entitled to see statements which have been made against them before they are interviewed to give their version of events........but.........with third party names being blotted out at this point in time i.e. after all statements have been taken a report will be issued to a manager to make a decision as to whether disciplinary hearing should take place when copies of all statements would be provided.
I am firmly of the view that if a SAR is made the party being investigated would be entitled to see the info. I have checked with our lawyers who have come back to state they are relying on FOISA S35(g) which gives a Scottish public authority rights to exercise any of the functions mentioned in subsection (2) - and they are relying on (2)(b) which gives them the right to ascertain whether a person is responsible for conduct which is improper and this is the exemption they rely on.
What I am trying to say is does that override the subject access rights under DP or does FOISA override DP...............
Any help from you lawyers out there would be good. I just really want to get this right in case it comes up in the future..........
Thanks,
Doreen
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
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