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Agenda Document Pack - Scrutiny and Performance Committee - 13/09/2023

Perth and Kinross Council · 13 September 2023
Back to Scrutiny and Performance Committee — 13 September 2023 and its agenda

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Securing the future… • Improving services 
• Enhancing quality of life • Making the best use of public
resources 
Council Building
2 High Street
Perth
PH1 5PH 
07/09/2023 
A hybrid meeting of the Scrutiny and Performance Committee will be held in the
Council Chamber on Wednesday, 13 September 2023 at 10:00. 
If you have any queries please contact Committee Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive      
Those attending the meeting are requested to ensure that all notifications are
silent on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The
recording will be publicly available on the Council’s website following the
meeting. 
Members:
Councillor Colin Stewart  (Convener)
Bailie Alasdair Bailey  (Vice-Convener)
Councillor Keith Allan
Councillor Steven Carr
Councillor Eric Drysdale
Councillor Angus Forbes
Councillor Ian Massie
Councillor Willie Robertson
Councillor Caroline Shiers
Councillor Frank Smith
Councillor Jack Welch 
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Scrutiny and Performance Committee 
Wednesday, 13 September 2023 
AGENDA 
MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY
FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY
ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF
CONDUCT. 
1 WELCOME AND APOLOGIES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF THE SCRUTINY AND
PERFORMANCE COMMITTEE OF 7 JUNE 2023 FOR
APPROVAL
(copy herewith) 
5 - 10 
4 OUTSTANDING BUSINESS STATEMENT
(copy herewith) 
11 - 14 
5 PERTH AND KINROSS COUNCIL ANNUAL PERFORMANCE
REPORT 2022/23
Report by Chief Executive (copy herewith 23/234) 
15 - 76 
6 FOI PERFORMANCE REPORT 2022-23
Report by Head of Legal and Governance Services (copy herewith
23/246) 
77 - 84 
7 DATA PROTECTION COMPLIANCE 2022-23
Report by Head of Legal and Governance Services (copy herewith
23/247) 
85 - 98 
IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED
DURING CONSIDERATION OF THE FOLLOWING ITEM(S) IN ORDER TO AVOID
THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF
SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 
P1  APPENDIX TO MINUTE OF THE SCRUTINY AND
PERFORMANCE COMMITTEE OF 7 JUNE 2023   
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SCRUTINY AND PERFORMANCE COMMITTEE 
Minute of hybrid meeting of the Scrutiny and Performance Committee held in the
Council Chambers, 2 High Street, Perth, on Wednesday 7 June 2023 at 10.00am. 
Present: Councillor C Stewart, Bailie A Bailey, Councillors K Allan, B Brawn
(substituting for Councillor A Forbes), S Carr, E Drysdale, A Forbes, I Massie,
W Robertson, F Smith, and J Welch. 
In Attendance: K Donaldson (Chief Operating Officer), B Renton (Executive Director,
Communities); S Devlin (Executive Director, Education and Children’s Services);
C Mailer (Executive Lead - Strategic Planning and Transformation) C Guild, G Pinfield,
E Ritchie and F Robertson (Communities), S Cooper, G Doogan, S Johnston and
B Scott (Education and Children’s Services), M Dickson and K Ogilvy (Health and
Social Care Partnership); and L Simpson, S Crawford, P Johnstone, L Harris, K Molley,
A Brown and R Ramsay (all Corporate and Democratic Services). 
Apology: Councillor A Forbes 
Councillor C Stewart, Convener, Presiding. 
The Convener led discussion on Items 1- 7 and P1 and the Vice-Convener led
discussion on items 8-10. 
1. WELCOME AND APOLOGIES 
The Convener welcomed all those present to the meeting and an apology was
noted above. 
2. DECLARATIONS OF INTEREST 
No declarations of interest were made in terms of the Councillors’ Code of
Conduct. 
3. MINUTE OF MEETING OF THE SCRUTINY AND PERFORMANCE
COMMITTEE OF 26 APRIL 2023 
The minute of meeting of the Scrutiny and Performance Committee of 26 April
2023 was submitted and approved as a correct record. 
4. OUTSTANDING BUSINESS STATEMENT 
Resolved: 
The status of actions in the Outstanding Business Statement, be noted and
completed actions removed accordingly. 
5. PERFORMANCE AND IMPROVEMENT PLANNING 
G Guild, Head on Innovation, provided a short slide-based presentation
highlighting the change in performance reporting and improvement planning in 2023/24. 
3
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6. SERVICE ANNUAL PERFORMANCE REPORT 2022/23 – CORPORATE &
DEMOCRATIC SERVICES 
There was submitted a report by Executive Director (Education and Children’s
Services) (23/175) presenting the Service Annual Performance Report (APR) 2022/23
for Corporate and Democratic Services (CDS); and (2) detailing progress over the last
year against improvement actions contained within the 2022/23 Service Business
Management Improvement Plan (BMIP). 
In response to a question from Councillor C Stewart regarding the reduction in
energy consumption this year, S Crawford advised that over the last year Property
Services had focused on large building audits. S Crawford thanked Business Managers
and Headteachers who had helped in monitoring and using less energy across schools
in Perth and Kinross. S Crawford confirmed that this year had been marginally warmer
than previous years which had helped. S Crawford advised that the percentages in
reduction of consumption this year form part a ten-year ongoing reduction project in
Perth and Kinross Council. 
In response to a question from Bailie A Bailey regarding sickness absences for
employees and if the average of 13 days reflects pre-covid levels, P Johnstone advised
that the sickness levels for 2019/20 would be shared with members following
committee.  P Johnstone confirmed that cases of Covid stopped being recorded in
January 2023 and only notifiable infectious diseases were recorded from July 2022
onwards which had an impact on the sickness levels increasing in terms of short-term
absences. P Johnstone added that in terms of sickness absence levels it is difficult to
determine who is a hybrid employee and who is working from home as data is not
recorded. However, P Johnstone confirmed that HR would undertake further analysis to
establish the types of roles those sickness absences are in. 
In response to a question from Councillor K Allan regarding the pilot of the
Microsoft Chatbot in Perth and Kinross Council, L Harris confirmed that in terms of
improving customer experience, it is vital to have consultation with employees. L Harris
added that employee consultation would allow for appropriate testing to be undertaken
to ensure that the Chatbot function is fit for purpose before being rolled out across the
organisation. 
In response to a question from Councillor W Robertson regarding the devolved
decision-making pilot for the Kinross-shire Area, the Convener confirmed that the three
areas that agreed to undergo a devolved decision-making process as part of the budget
process, would be formed by the outcomes, lessons learned and continuous
improvement of the Kinross-shire pilot.   
In response to a question from Councillor I Massie regarding sickness absence
levels amongst teachers, P Johnstone advised that 8.9 days is per head count of the
teacher population. P Johnstone confirmed that details on short-term, medium-term,
and long-term absences of the teaching population would be provided following
committee.  In response to a question from Councillor F Smith regarding teacher
sickness absences caused by disruption of pupils, P Johnstone advised that new
arrangements are in place to report and monitor levels of violence and aggression by
pupils. 
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In response to a question from Councillor C Shiers regarding the availability of
comparative data on sickness absence levels to benchmark with other Local
Authorities, K Donaldson advised that timing had been a factor and information would
be published formally through the Local Government Benchmarking Framework later in
the year. 
Members thanked officers for their work in preparing the Corporate and
Democratic Services Annual Performance Report. 
Resolved:
The contents of the Corporate and Democratic Services’ Annual Performance
Report 2022/23, be scrutinised. 
7. COMMUNITIES SERVICE ANNUAL PERFORMANCE REPORT 2022/23 
There was submitted a report by Executive Director (Communities) (23/181)
presenting the Service Annual Performance Report 2022/23 for Communities; and (2)
detailing progress against targets and improvement actions over the last year against
the 2022/23 Service Business Management Improvement Plan.   
In resposne to a question from Councillor K Allan regarding tackling inequalities
across Perth and Kinross, B Renton confirmed that the Community Planning
Partnership agreed to focus on two areas – Coupar Angus and Crieff, but Perth and
Kinross Council are committed to tackling inequalities and poverty across all areas in
Perth and Kinross. C Mailer added that several locality-based projects are also
underway including in areas of Letham and Highland Perthshire. C Mailer advised that
Perth and Kinross Council have recently initiated a data discovery project which
involves mapping poverty and inequalities across all localities to ensure targeted work
can be achieved. 
Councillor C Shiers raised concerns over individuals in rural areas in Perth and
Kinross not having adequate access to broadband provision. G Pinfield sympathised
with individuals’ frustrations but confirmed that Perth and Kinross Council have bid into
the UK Government Programme for the Local Full Fibre Network to help reach
properties with connection struggles. G Pinfield confirmed that work had also been
underway with Open Reach to target properties in difficult terrain and to encourage
overspill into premises off the main contract. 
In response to a question from Councillor I Massie regarding support offered to
tenants suffering with mould and damp, E Ritchie advised that the Housing Service
have developed a robust procedure which offers advice and assistance to tenants who
struggle with mould and damp in their premises. E Ritchie added that initially, the
property would be investigated to see the appropriate course of action to be taken as
the mould could be a result of many factors such as ventilation issues or improvement
works needing carried out. E Ritchie confirmed that an Elected Member Briefing Note
had been circulated regarding the Councill’s position and would be recirculated in due
course with up-to-date information. 
In response to a question from Councillor C Shiers regarding footfall in small
towns out with Perth City Centre, B Renton advised that an update would be provided
following Committee. 
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In response to a question from Councillor E Drysdale regarding challenges of
recruitment and retention of staff, P Johnstone advised that there had been a shortage
nationally of employees in particular roles and work had been underway across the
organisation to help retain and attract employees through career fairs and promoting
posts on social media, emphasizing the benefits of working and living in Perth and
Kinross. P Johnstone added that hybrid opportunities are also available. In response to
a supplementary question from Councillor E Drysdale regarding the relationship
between Perth and Kinross Council and Skills Development Scotland (SDS), P
Johnstone advised that the Council does work closely with SDS in terms of promoting
opportunities, economic development, long term unemployed schemes and modern
apprenticeships. 
Members thanked officers for their work in preparing the Communities Annual
Performance Report. 
Resolved:
The contents of the Communities Service Annual Performance report 2022/23,
be scrutinised. 
THERE WAS A SHORT RECESS AND THE MEETING RECONVENED AT 11.20AM.  
8. EDUCATION AND CHIDLREN’S SERVICES ANNUAL PERFOMANCE
REPORT 2022/23 
There was submitted a report by Executive Director (Education and Children’s
Services) (23/181) presenting the Service Annual Performance Report (APR) 2022/23
for Education and Children’s Services; and (2) detailing progress against targets and
improvement actions over the last year against the 2022/23 Service Business
Management Improvement Plan (BMIP).   
As part of her opening remarks, S Devlin advised that data on the achievement
of Curriculum for Excellence 2019/20 would be circulated to members following
Committee.  S Devlin confirmed that the reason it was not originally included in the
Annual Performance Report had been due to the data being incomplete. The direction
from the Scottish Government at the time was that gathering and the submission of
data was not required due to pressures of the pandemic. 
In response to a question from Councillor I Massie regarding the new electronic
tracking system to monitor children’s progress in early learning centre settings, B Scott
advised data gathered would not be shared with parents but reassured members that
parents are kept well informed about their child’s progress through other processes.
B Scott confirmed that some settings have physical children’s profiles that children can
share with their parents. 
In response to a question from Councillor C Shiers regarding work being
undertaken to improve children’s attendance across Perth and Kinross schools,
S Johnston advised that challenges regarding attendance had risen following the
pandemic, with a range of issues varying from children feeling too anxious to attend
school or children that attend school in the morning but do not turn up to all classes
throughout the day. S Johnston confirmed that there are ongoing projects to look at
emotionally based absences and support children with mental health issues.
S Johnston advised that through staffing arrangements, Pupil Care and Welfare
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Officers have been introduced into Secondary Schools and Community Link Assistants
in Primary Schools to support child attendance. S Johnston added that attendance had
been a national issue and work had been underway with other Local Authorities to
analyse best practice and see what more could be done in improving child attendance
across schools. 
In response to a supplementary question from Councillor C Shiers regarding
recording the reasons for a child’s absence, S Johnston advised that as well as
recording absences through the system SEEMIS, Quality Improvement Officers have
quarterly meetings with senior staff to discuss that school’s attendance data.
Attendance rates are gathered and any child that has below 80% rate should be
actioned and monitored. 
In response to a question from Councillor W Robertson regarding the Curriculum
for Excellence and the performance of Perth and Kinross Council, S Devlin confirmed
that through the Quality Improvement Framework, Education and Children’s Services
work with Headteachers across schools in Perth and Kinross to monitor the quality of
learning and teaching in every classroom to ensure it is the best it can be. 
In response to a question from Councillor C Stewart regarding instances where
exclusion from school is the appropriate solution for a child demonstrating challenging
or violent behaviour, S Devlin confirmed that alternative measures to discipline a child
are preferred over the use of exclusion, however, the Exclusion Guidance can permit
exclusion to the appropriate measure based on the context of the situation and to
benefit the young person involved and others around them. In response to a
supplementary question from Councillor C Stewart, S Johnston advised that a quick
and simple electronic recording system had been created to allow staff to able to record
incidents of behaviour as they happen. Incidents that are recorded are sent to the
Quality Improvement Officer Team who track the data to see if there is a pattern in
behaviour from the same child and if intervention measures are required. If multiple
incidents arise for the same child, then a discussion would be held with the school to
see if further support could be provided to the child without having to use exclusion. 
In response to a question from Councillor E Drysdale regarding work being
undertaken to reduce the attainment gap of literacy and numeracy throughout primary
schools, G Doogan advised that levels of improvement in reducing the attainment gap
had been shown across all ages but confirmed that there had been a significant
development at stage Primary 4 due to targeted work. G Doogan confirmed that
Education and Children’s Services are in the process of gathering data for 2022/23 and
early indications are positive. S Johnston added that even though there had been levels
of improvement, children who are most disadvantaged within Perth and Kinross
continue to improve less well than those who are least disadvantaged. S Johnston
confirmed that work continues to improve the gap for all children. 
In response to a question from Councillor J Welch regarding actions plan in
place to improve areas of free school meal uptake, S Devlin advised that work had
been underway across schools in Perth and Kinross and secondary young people had
participated in a national survey regarding school meal preferences. S Devlin added
that results highlighted that secondary young people least preferred the option of a sit-
down lunch in a large school hall and favoured the option of a grab and go type facility.
S Devlin confirmed that grab and go facilities had increased within schools but with
other grab and go facilities available out with the school premises, it had been difficult
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to encourage young people who are entitled to a free school meal to take them. 
S Devlin highlighted the importance in improving the dining experience in line with the
feedback received from young people. In response to a supplementary question from
Bailie A Bailey regarding the number of pupils in secondary schools who are eligible for
free school meals but choose not to take them, S Devlin advised that data would be
circulated following Committee. 
Members thanked officers for their work in preparing the Education and
Children’s Services Annual Report. 
Resolved:
The contents of the Education and Children’s Services Annual Performance
report 2022/23, be scrutinised. 
9. ANNUAL GOVERNANCE STATEMENT 
There was submitted a report by Head of Legal and Governance Services
(23/182) presenting for scrutiny and review, the draft Annual Governance Statement
(AGS) for the financial year 2022/23 which provides assurance as to the effectiveness
of the Council’s governance framework and, in particular, the system of internal control. 
Resolved:
(i) The contents of the draft Annual Governance Statement for the financial year
2022/23, be scrutinised.
(ii) The assurance provided as to the adequacy and effectiveness of the Council’s
governance arrangements including the system of internal control, be noted. 
10. PERTH AND KINROSS HEALTH AND SOCIAL CARE PARTNERSHIP
CLINICAL AND CARE GOVERNANCE ASSURANCE REPORT   
There was submitted a report by Chief Officer, Perth and Kinross Health and
Social Care Partnership providing assurance on the Clinical Care and Professional
Governance of the Perth and Kinross Health and Social Care Partnership.   
Resolved: 
The contents of Report 23/179, be noted. 
IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED
DURING CONSIDERATION OF THE FOLLOWING ITEMS IN ORDER TO AVOID
THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF S30 OF
THE FREEDOM OF INFORMATION (S) ACT 2002 
P1. ANNUAL REVIEW OF CYBER SECURITY 
There was submitted a report by Head of Legal and Governance Services
(23/180) providing an overview of the Council’s cyber security arrangements and
provide assurance as to the management and mitigation of relevant risks and threats.   
Resolved:
(i) The contents of Report 23/180, be scrutinised.
(ii) The assurance as regards the adequacy and effectiveness of the Council’s cyber
risk and management arrangements, be noted.
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SCRUTINY AND PERFORMANCE COMMITTEE 
OUTSTANDING BUSINESS STATEMENT (OBS) 
Please note that this statement sets out outstanding decisions of this committee along with an update and estimated completion date.  Actions
which are overdue are shaded for ease of reference.  Where an update reflects that an action is complete then the Committee’s agreement will be
sought to its removal from the OBS. 
No  Minute
Reference
Subject Title Outstanding Action Update  Lead Officer
/Service
Action 
due
Action
Expected
6.  6 June 2022.
Item 6(d). 
Closing out of
Improvement Actions
from BMIPS.
Methodology to be
constructed in terms of
closing out of
Improvement Actions
raised in BMIPS.
Development Session
was arranged in May
2023 for members on
the new Improvement
Service Local
Government
Benchmarking
Framework dashboard. 
Elected Member Briefing
Note was issued last
week on the changes to
reporting process this
year. 
Short presentation to be
deliver to Committee on
the process of moving
away from BMIPs.   
COMPLETED 
All services 7 June
2023
7 June
2023 
4
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No  Minute
Reference
Subject Title Outstanding Action Update  Lead Officer
/Service
Action 
due
Action
Expected
14. 26 April 2023 
Item 7
Perth and Kinross
Health and Social
Care Partnership
(HSCP) Clinical and
Care Governance
Assurance Report 
A briefing session to be
arranged for all
members on how the
Health and Social Care
Partnership Operates
Still working with officers
on a suitable date to
hold a briefing session. 
NOT COMPLETED 
Jacquie
Pepper/Lisa
Simpson 
TBC TBC
15. February 2023  Scrutiny Review
Topics 
Progress with
discussions on
Additional Support
Needs Provision in Perth
and Kinross 
Initial meeting was held
with officers and
Convener/Vice-
Convener. 
A follow up meeting was
arranged with Officers
and the Convener/Vice-
Convener. 
The Convener/Vice-
Convener are meeting
with officers to discuss
the ASN presentation
that was presented to
the Transformation
Board. 
NOT COMPLETED 
Education and
Children’s
Services/ Legal
and
Governance
Services 
TBC  TBC
16. 7 June 2023 
Item 5 
Service Annual
Performance Report
2022/23 – Corporate
and Democratic
Services 
Provide data on
sickness absences for
2019/20 to committee
members. 
Provide details on short-
term, medium-term and
long-term sickness
absences for teachers. 
Elected Member Briefing
note was issued. 
COMPLETED 
Human
Resources 
13
September
2023 
13
September
2023 
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No  Minute
Reference
Subject Title Outstanding Action Update  Lead Officer
/Service
Action 
due
Action
Expected
17.  7 June 2023 
Item 6 
Communities Service
Annual Performance
Report 
An update to be
provided on footfall in
small towns out with
Perth City Centre. 
Email response to be
issued to Members. 
TO BE COMPLETE 
Communities  13
September
2023 
13
September
2023 
18. 7 June 2023 
Item 7
Education and
Children’s Services
Annual Performance
Report 
Provide data on the
Achievement of
Curriculum for
Excellence Levels for
2019/20 to members. 
Information was emailed
to members following
committee. 
COMPLETED
Education and
Children’s
Services 
13
September
2023 
13
September
2023 
19. 7 June 2023 
Item 7
Education and
Children’s Services
Annual Performance
Report 
Provide data on the
current levels of uptake of
Free School Meals (FSM)
in primary and secondary
schools within Perth and
Kinross. 
Information was emailed
to members following
committee. 
COMPLETED 
Education and
Children’s
Services 
13
September
2023 
13
September
2023 
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PERTH AND KINROSS COUNCIL 
Council – 30 August 2023
Scrutiny and Performance Committee – 13 September 2023 
PERTH & KINROSS COUNCIL ANNUAL PERFORMANCE REPORT
2022/23 
Report by the Chief Executive
(Report No. 23/234)
1. PURPOSE 
1.1 The Annual Performance Report (APR) is part of the Council’s strategic
planning and performance framework, supporting delivery of the Council
vision and achievement of outcomes. It provides an overview of how we
have performed against our priorities, actions and associated key
performance indicators in the period from April 2022 to March 2023, as set
out within our Corporate Plan 2022-2027. 
1.2 This is a transitional year as we are reporting on performance during a year
in which Council approved a new Corporate Plan. Whilst the revised
Corporate Plan was approved by Council in December 2022, this report
covers a full financial year reporting period. It recognises activity
undertaken in support of our corporate priorities both pre-and post
publication of the Plan. 
2. RECOMMENDATION 
2.1 It is recommended that the Council:
• approves the Annual Performance Report for 2022/23. 
It is recommended that Scrutiny and Performance Committee 
• scrutinises the Annual Performance Report for 2022/23. 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background
• Section 5: Summary Information
• Appendix 1: Perth and Kinross Council Annual Performance Report
2022/23
• Appendix 2: Annual Performance Report 2022/23 Executive Summary 
4. BACKGROUND 
4.1 Perth and Kinross Council’s Annual Performance Report (APR) is a statement
of the progress made towards achieving our strategic priorities and meeting
our statutory duty to deliver best value during the year 2022/23. It provides
elected members, officers and the public with a clear understanding of the
performance achieved and case studies providing illustrative examples of
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progress on our work towards a Perth and Kinross where everyone can live
life well, free from poverty and inequalities. 
4.2 In previous years, we have produced a separate online dashboard, PK
Performs with further detailed information on indicators. This year, however,
as we transition to new performance reporting and strategic planning
arrangements, we are presenting detail on indicators within the main body of
the APR. Detail on improvement actions will follow later in the year through a
Corporate Delivery and Improvement Plan, which will be brought in a draft
version to Council in October 2023. 
4.3 Maintaining a robust and effective performance management framework that
includes public reporting is critical to the success of the Council in delivering
and improving outcomes for individuals and our communities. 
5. SUMMARY INFORMATION 
5.1 The Council’s APR for 2022/23 is a high-level summary of the impact that
Council services collectively had in the period 1 April 2022 to 31 March 2023. It
provides a summary of trends in data against each of the indicators, however,
these should be considered in the context of the current operating environment,
challenges and whether we control, influence or are informed by the data. 
5.2 As the Corporate Plan was published part way through the financial year, in
December 2022, and included new indicators, we did not include target
information against which performance could be measured for this year. In
future years, we will provide a summary of the number and percentage of Key
Performance Indicators (KPIs) which have performed above and below target. 
5.3 Within the APR we have reported our performance against the seven key
priorities and associated actions. These are aligned to each of the priorities
and actions identified within the Corporate Plan and provide more detail and
data on KPIs, performance and improvement. 
5.4 We have also prepared a shorter performance summary document which
summarises the overall data trends of our key performance indicators within
each priority area. This shorter version will help support our public
performance reporting activity on our website and via social media. 
5.5 Throughout the report, there are many examples of how services have
continued to have a positive impact on outcomes for individuals, businesses
and communities. These include: 
• Supporting over 900 tenants to access specialist money advice through
a dedicated financial hardship project with Citizens Advice Bureau,
helping to minimise the impact of the cost of living crisis and prevent
some from losing their home
• Organising support for over 16,500 people with warms spaces, food and
warm home packs in response to the cost of living crisis
• Increasing the number of households who have access to kerbside dry
mixed and food waste recycling services.
• Improving biodiversity through changes to our grass cutting regimes and
provision of funding to community projects 
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• Supporting a £1.5m project in central Perth, which brought
approximately 900m2 of disused commercial space back into use, whilst
directly creating 32 highly skilled jobs.
• Co-ordinating delivery of the Volunteer Development Fund, which
benefited 1,034 volunteers with either to access training and learning or
resources relevant to their roles.
• Improving attainment of literacy and numeracy skills for primary school
pupils.
• Reducing the poverty-related attainment gap at both SCQF level five and
level six.
• Receiving validation regarding our strategic leadership of adult support
and protection, demonstrating how we are keeping vulnerable adults
safe and protected.
• Commissioning an externally hosted platform to better understand
peoples’ experiences across health and social care on a more routine
basis.
• Investing over £1 million in active travel infrastructure to encourage
residents and visitors to walk and cycle in Perth and Kinross.
• Supporting over 300 community groups to increase their capacity.
• Working in partnership with communities and others to develop an action
plan for Coupar Angus which addresses priority issues including health
and wellbeing, poverty, social isolation, and employability. 
5.6 Despite all of these successes, we are not complacent and recognise the
many challenges we faced within 2022/23, and those that lie ahead. The
report recognises some of these challenges and the work that we are doing to
make positive change.   
5.7 In addition to reporting on performance against the actions and indicators set
out within our Corporate Plan and in line with the new statutory performance
information direction, we have created a supplementary report on
performance aligned to the Best Value themes. This report is published on our
website with a link included within the APR document. 
5.8 Improvement and key delivery activity for 2024/25 will be published in our
Corporate Delivery Improvement Plan, which will be brought to Council in
October, alongside the Medium-Term Financial Plan. This new reporting
arrangement will strengthen the alignment between Corporate Plan
performance, improvement activity, budget and resource allocation and the
involvement of communities in decision making and influencing Council
priorities.  
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Authors
Name Designation Contact Details
Charlene Guild Head of Innovation cguild@pkc.gov.uk 
Approved
Name Designation Date
Clare Mailer Executive Lead – Strategic
Planning and Transformation
22 August 2023 
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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement  None
Corporate Plan  Yes
Resource Implications  
Financial  None
Workforce None
Asset Management (land, property, IST) None
Assessments  
Equality Impact Assessment None
Strategic Environmental Assessment None
Sustainability (community, economic, environmental) None
Legal and Governance  None
Risk None
Consultation 
Internal  Yes
External  None
Communication 
Communications Plan  None 
1. Strategic Implications  
Community Plan / Corporate Plan 
1.1 This report demonstrates the achievements and challenges associated with
delivery of the Council Corporate Plan 2022-27. 
2. Resource Implications 
Financial 
2.1 There are no financial implications arising from this report. 
Workforce 
2.2 There are no workforce implications arising from this report. 
Asset Management (land, property, IT) 
2.3 There are no asset management implications arising from this report.
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3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups. Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties. 
3.2 This report has been considered under the Corporate Equalities Impact
Assessment process (EqIA) with the following outcome: 
(i) Assessed as not relevant for the purposes of EqIA 
Strategic Environmental Assessment 
3.3 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. no further action is required as it does not qualify as a PPS as
defined by the Act and is therefore exempt. 
Sustainability 
3.4 Under the provisions of the Local Government in Scotland Act 2003 the
Council has to discharge its duties in a way which contributes to the
achievement of sustainable development. Under the Climate Change
(Scotland) Act 2009 the Council also has a duty relating to climate change
and, in exercising its functions must act: 
• in the way best calculated to delivery of the Act’s emissions reduction
targets;
• in the way best calculated to deliver any statutory adaptation
programmes; and
• in a way that it considers most sustainable. 
3.5 The information contained within this report has been considered under the
Act. However, no action is required as the Act does not apply to the matters
presented in this report. 
Legal and Governance 
3.6 Not applicable. 
Risk 
3.7 Not applicable. 
4. Consultation 
Internal 
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4.1 The Executive Leadership Team, Service Senior Management Teams and the
Performance, Planning and Risk Group were consulted during the preparation
of this report. 
External 
4.2 Not applicable. 
5. Communication 
5.1 Not applicable. 
6. BACKGROUND PAPERS 
6.1 None. 
7. APPENDIX 
7.1 Perth and Kinross Council Annual Performance Report 2022/23. 
7.2 Annual Performance Report Executive Summary 2022/23. 
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PERTH AND KINROSS COUNCIL 
Scrutiny and Performance Committee 
13 September 2023 
FOI PERFORMANCE REPORT 2022-23 
Head of Legal and Governance Services
(Report No. 23/246) 
1. PURPOSE 
1.1 This report describes the Council’s performance in relation to its obligations
under the Freedom of Information (Scotland) Act 2002 (FOISA) and
Environmental Information (Scotland) Regulations 2004 (EIR) for the year
2022-23. 
1.2 The report also provides an overview of some of the Council’s other
information-related activities. 
2. RECOMMENDATIONS 
2.1 It is recommended that the Committee: 
i. Considers the content of this report and provides constructive comment
and feedback.
ii. Notes that performance is improving and is back in line with pre-
pandemic levels.
iii. Notes that the number of requests for review remains a very small
percentage of requests received, indicating good levels of customer
satisfaction in terms of the quality of responses and the effectiveness of
the process. 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background/Main Issues 
• Section 5: Proposals 
• Section 6: Conclusion 
• Appendices 
4. BACKGROUND / MAIN ISSUES 
Executive summary 
4.1  The number of requests in 2022-23 increased by 15% from the preceding
year. The period which experienced the biggest increase in numbers was
Quarter 4.
6
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4.2  The Council’s target for responding to FOI requests within statutory
timescales is 95%. In 2022-23, 93% of requests were responded to on time.
This represents a 5% improvement in performance on what was achieved
during 2021-22. 
4.3  The number of requests for review represents 2% of the total number of
requests received, which indicates good levels of customer satisfaction in
terms of the quality the Council’s responses and the effectiveness of our
process. 
Performance 
4.4 During 2022-23, the Council received 1573 requests for information under
FOISA. This is an increase of 15% on the number of requests received during
2021-22 and represents a return to pre-pandemic levels. 
4.5  The largest increase was during Quarter 4, when 29% more requests were
received than during the corresponding period in 2021-22. 
Figure 1 – Number of requests for information under FOISA/EIRs 
4.6  Of the 1573 requests received: - 
• 22 were subsequently rejected when no clarification was received from
the requestor; and
• 28 were withdrawn by the applicant. 
4.7 Of the 1573 requests received, 203 were processed under the EIRs. 
4.8 Figure 2 below shows the number of FOISA/EIRs requests received in the
year, broken down by month. 
0
200
400
600
800
1000
1200
1400
1600
1800
No. of  requests
2016-17
2017-18
2018-19
2019-20
2020-21
2021-22
2022-23
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Figure 2 – Number of requests April 2022 to March 2023 by month 
4.9 Analysing the requests received based on the type of applicant shows the
highest single group making requests are members of the general public. 
During 2022-23, 812 (or 48%) of the requests received were from members of
the public; this represents a decrease of 29% on 2021-22. 
There has been a significant increase in requests received from Elected
Representatives and Interest Groups. 
During 2022-23, 232 (or 14%) of the requests received were from Elected
Representatives; this represents an increase of 77% on 2021-22, when 30
requests were received. 
During 2022-23, 113 (or 7%) of the requests were received from Interest
Groups (groups seeking to influence public policy or promote particular
causes); this represents an increase of 30% from 2021-22, when 34 requests
were received. A breakdown is illustrated at Figure 3 below: 
Figure 3- Summary of type of applicant. 
4.10 In the course of the year, the Council may receive several requests from the
same requestor. During the year 2022-23, requests were made by 1014
requestors. The number of requests is broken down as follows: - 
• 827 requestors each made a single request for information; 
• 177 requestors made 2 to 10 requests for information; and
0
50
100
150
200
Apr May Jun July Aug Sep Oct Nov Dec Jan Feb Mar
No of Requests
No of Requests
0
200
400
600
800
1000
1200
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
Individuals
Media
Legal
Business
Elected Reps
Interest Groups
Other
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• 10 requestors made more than 10 requests for information, totalling 242
requests. One requestor made 67 requests for information. 
4.11 There was a 198% increase in the number of requests received from the
media during 2022-23 (185 requests) when compared to 2021-22. During
2021-22, an unusually low number of requests from the media were received
(62); this may have been because of a different news agenda during the
Covid 19 pandemic. 
Performance Monitoring 
4.12 The Council’s target for responding to requests within statutory timescales is
95%. During 2022-23, 93% of requests were completed within timescales. 
4.13 While this is lower than the Council’s target, there was a 5% improvement in
performance in comparison to 2021-22. Workload pressures across the
organisation have had an impact on the time taken to collate information to
provide to the Information Rights team for processing and release. 
4.14 Of the 1573 valid requests for information received by the Council during
2022-23: - 
• 688 (44%) requests were satisfied in full (all the information requested
was held by the Council and could be released without redaction of
e.g., personal information)
• 486 (31%) requests were satisfied in part 
• 399 (25%) requests resulted in no information being issued. 
4.15 Where information was not provided to requestors, 15 requests were refused
completely or in part on the grounds of excessive cost. 
4.16 In almost all other cases where no information was issued, this was because
either the Council did not hold the information, it was publicly available, or it
consisted of personal information which cannot be released under Freedom of
Information legislation. 
4.17 A new case management system for recording, processing and reporting on
information requests more efficiently will come into use in August 2023. 
Reviews and Appeals 
4.18 The Council received 31 requests to review its decision (complaints about the
original response to FOI requests received during 2022-23), which represents
2% of the total requests received. A breakdown of the relevant review data is
contained in Figure 4: - 
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Figure 1 – Summary of request for reviews 
4.19 All requests for reviews were responded to within the statutory 20 working
days deadline. 
4.20 During 2022-23, there were two appeals to the Scottish Information
Commissioner following reviews carried out during 2021-22. In both cases,
the applicants withdrew their appeals before a decision was issued by the
Commissioner. There is currently one appeal under investigation by the
Scottish Information Commissioner. 
5. CONCLUSION 
5.1 The number of requests in 2022-23 increased by 15% from the preceding
year. 
5.2 The Council’s performance in responding to information requests within
statutory timescales improved by 5% during 2022-23. 
5.3  The number of requests for review remains a small percentage of the total
number received which would indicate good levels of customer satisfaction in
terms of the quality the Council’s responses and the effectiveness of our
process. 
5.4 The number of appeals to the Office of the Scottish Information Commissioner
remains extremely low. 
Author(s)
Name  Designation Contact Details
Jillian Walker Information Rights Manager/Data
Protection Officer
DPO@pkc.gov.uk 
Approved 
Name Designation Date
Lisa Simpson Head of Legal & Governance
Services
4 August 2023
Karen Donaldson Chief Operating Officer 9 August 2023
0
5
10
15
20
25
30
35
Review requests
Total no. processed
No. processed within
20 working days
Original decision
upheld
Decision overturned
Vexatious or
withdrawn
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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement n/a
Corporate Plan n/a
Resource Implications n/a
Financial n/a
Workforce n/a
Asset Management (land, property, IST) n/a
Assessments n/a
Equality Impact Assessment n/a
Strategic Environmental Assessment n/a
Sustainability (community, economic, environmental) n/a
Legal and Governance n/a
Risk n/a
Consultation n/a
Internal n/a
External n/a
Communication n/a
Communications Plan n/a 
1. Strategic Implications 
Not applicable. 
2. Resource Implications 
Not applicable. 
3. Assessments 
• Equality Impact Assessment – not applicable
• Strategic Environmental Assessment – not applicable
• Sustainability – not applicable
• Legal and Governance – not applicable
• Risk – not applicable 
4. Consultation 
Not applicable. 
5. Communication 
Not applicable. 
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2. BACKGROUND PAPERS 
None. 
3. APPENDICES 
None.
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PERTH AND KINROSS COUNCIL 
Scrutiny and Performance Committee 
13 September 2023 
DATA PROTECTION COMPLIANCE 2022-23 
Report by Data Protection Officer (DPO)
(Report No. 23/247) 
1. PURPOSE 
1.1 This report is the professional assessment of the Council’s compliance with
the UK General Data Protection Regulation (GDPR) by the Data Protection
Officer (as is required to be provided by her in accordance with the
legislation). This report relates to the year 2022-23. 
2. RECOMMENDATIONS 
2.1 It is recommended that the Committee: 
(i) Notes the DPO’s assessment of the Council’s compliance with the
requirements of data protection legislation. 
(ii) Considers the Council’s performance in terms of compliance with the
GDPR and provides constructive scrutiny and comment. 
(iii) Notes that the DPO is confident that a reasonable degree of compliance
with data protection legislation has been achieved during 2022-23 and
that progress towards increased compliance across all Services will
continue during 2023-24 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background
• Section 5: Data Breaches
• Section 6: Data Subject requests
• Section 7: Policy and Process
• Section 8: Training 
• Section 9: Improvement Actions
• Section 10: Conclusion 
4. BACKGROUND 
4.1 The UK General Data Protection Regulation (“GDPR”) requires the Council,
as a public authority, to appoint a Data Protection Officer (“DPO”) and defines
tasks that the person must undertake. These tasks include monitoring and
7
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reporting on compliance with the GDPR. The Council’s Data Protection Policy
sets out that the DPO will present a report on the Council’s data protection
compliance to the Scrutiny and Performance Committee annually or more
frequently, if considered necessary. It is the role of the Scrutiny and
Performance Committee to consider the DPO’s report in relation to the
Council’s compliance and to provide appropriate constructive challenge and
comment. 
Role of DPO 
4.2 The role of the DPO is defined in the GDPR; the legislation places particular
restrictions on both the DPO and the Council in terms of roles and
responsibilities. The DPO, like the other Statutory Officers within the Council,
has an independent and autonomous role and the Council cannot instruct the
DPO how to undertake the role. It should be noted that legal responsibility for
compliance with data protection law lies with the Council as a public body and
not the DPO as an individual. The DPO does have a role in providing advice
and guidance to support the Council in complying with the legislation and to
monitor and report on its performance. The Committee can be assured that all
formal advice provided by the DPO, to date, to support the organisation and
ensure compliance, has been accepted. 
4.3 The DPO and the Information Rights Team sit within the Audit and
Governance Team, with the DPO maintaining a separate and distinct
reporting line to the Head of Legal and Governance Services in her capacity
as Senior Information Risk Officer. 
Resources of DPO 
4.4 The legislation also provides that adequate resources should be made
available to the DPO to enable them to fulfil their role. The Data Protection
Officer function does not have a dedicated team but is supported by the
Information Rights (formerly the Information Governance team) and
Information Security teams (referred to as the DPO’s team for the purposes of
this report). In terms of skills and expertise, as well as the DPO, there are 2
officers (1.7 FTE) within the Information Rights team who have specialised
data protection knowledge. At present, almost all staff time is required to deal
with increasing volumes of complex responsive work. 
5. PERFORMANCE: DATA BREACHES 
5.1 A data breach is defined as an incident involving “a breach of security leading
to the accidental or unlawful destruction, loss, alteration, unauthorised
disclosure of, or access to, personal data”. The term ‘security’ refers to both
technical measures and organisational measures such as policy, procedures
and practice. 
5.2 The Council is required to maintain a register of data breaches and, where
appropriate, report them to the Information Commissioner’s office. 
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5.3 Between 1 April 2022 and 31 March 2023, the Council recorded a total of 95
data breaches (compared to 134 during the previous year). This 29%
reduction in the number of breaches may be attributable to increasing
awareness of what constitutes a data breach, advice on improving processes
previously provided by the Information Rights team and greater familiarity with
technology and processes adopted rapidly during the pandemic. However, it
is recognised that continued training on recognising and reporting data
breaches would provide assurance that all breaches were reported
appropriately. 
Any data breach is a matter which the DPO takes seriously, but in terms of
numbers, this figure needs to be considered in the context of the many
millions of interactions and transactions involving the processing of personal
information entailed in the delivery of all Council services in the course of a
year. The split of data breaches by Service is illustrated below: - 
5.4 The nature of the data breaches was as follows: - 
8
23
55
9
0
10
20
30
40
50
60
HSCP Corporate & Democratic Education & Childrens
Services
Communities
Number of Data Breaches
70
1
23
1
0
10
20
30
40
50
60
70
80
Unauthorised
disclosure
Unauthorised
access
Email error Data Loss
Nature of breaches
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5.5  In relation to the data breaches which have been recorded, the DPO confirms
that: - 
• almost all recorded breaches were reported promptly to the DPO and
any remedial action which was requested was taken quickly;
• where breaches have been identified, the relevant service area has
been keen to engage with the DPO to amend and improve practice;
• of the recorded breaches, particularly those categorised as email error
or unauthorised disclosure breaches, almost all appear to be
attributable to human error as a consequence of resource pressures
within the relevant service areas as opposed to any systemic failure of
process or policy; and
• of the 95 breaches, the DPO determined that 6 required to be reported
to the Commissioner’s Office (ICO) following a risk-based assessment
of potential impact on the data subject based on the nature/
circumstances of the information disclosed. 
5.6 Of the 6 breaches reported to the ICO: - 
• Five of these breaches were due to the unauthorised disclosure of
personal information and one to the loss of data.
• In relation to all of the reported breaches, the ICO was satisfied that the
actions taken by the Council in response to the breaches were
appropriate and did not require any further action. 
5.7 The DPO provides support and advice to services and teams when a data
breach has occurred and, where necessary, provides additional staff training
and written guidance. 
5.8 The DPO considers that there is a generally good and increasing
understanding across the Council in relation to what constitutes a data
breach. Breaches will continue to be monitored and advice and training
provided as appropriate. 
6. PERFORMANCE: DATA SUBJECT REQUESTS 
6.1 The GDPR gives data subjects a number of specific rights, such as accessing
and receiving a copy of information held about them, and having inaccurate
personal data rectified. Requests to exercise these rights must be responded
to within 1 month (interpreted by the Council as 28 calendar days), unless the
information requested is particularly complex in nature or the request is from
an individual who has made multiple requests; in these cases, an additional
two months to respond is permitted by the legislation. The DPO has
responsibility for dealing with requests received by the Council. 
6.2 There was a 27% increase in the number of subject access requests received
during 2022-23, compared to 2021-22. This increase is partly attributable to
individuals seeking confirmation of their care experience, in order to apply to
Scotland’s Redress Scheme for survivors of historical child abuse in care.
Many of the records processed in relation to this scheme contain a very large
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volume of information, some of which will contain sensitive personal
information relating to other individuals which may require to be redacted.  
6.3 Between 1 April 2022 and 31 March 2023, the Council received 211 requests
for access to personal information, of which: - 
• 154 have been completed.
• 57 are on hold pending further information from the requester (this is
sometimes never provided) or a decision on whether they wish to
proceed with making a request. 
6.4 Of the 154 requests that were processed: - 
• 129 were completed within 28 days (84%).
• 25 were responded to outwith the 28-day timescale (16%). 
6.5 Eighteen (72%) of those requests processed outwith the 28-day timescale
were complex requests, where the legislation permits an extension period of
up to two months. In many of these cases, information was released in
batches i.e., individuals received at least of part of their information within the
first 28 days. 
6.6 Over and above the 211 data subject access requests referred to above, the
Council received 10 other data subject requests during 2022-23: - 
• 3 requests for erasure (individuals have the right to request their
personal data is deleted);
• 6 requests for rectification (individuals can request that inaccurate
personal data is corrected); and
• 1 request regarding processing (individuals can request that the
processing of their information is restricted). 
6.7 In addition, the Council also received 38 information related complaints, either
directly from the data subjects or via the ICO, about the way personal data
had been handled. All these complaints have been dealt with. 
6.8 The Information Rights team also processed 43 requests for information made
during 2022-23, under a provision in data protection legislation which permits
authorities, such as Police and HMRC, to request personal information to
assist with criminal investigations and the assessment and collection of taxes. 
6.9 During 2022-23, the process through which information held in relation to
historical and current childcare files was streamlined. Rather than asking
officers from Education and Children’s Services to carry out searches and
extract information, officers from the Information Rights team now access
systems directly to identify and extract information held. 
6.10 Applicants for compensation from Scotland’s Redress Scheme can ask the
Council to verify that they have not previously received compensation related
to their experience in care. The Information Rights team now carries out these
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verification checks and liaises directly with the Scheme, rather than this work
being carried out by Education and Children’s Services. 
6.11 The Council is sometimes unable to provide information requested by
survivors of historical child abuse in care, usually because the person in
question was in an institution not run by local government. Recognising the
distress that this may cause applicants, work by the Information Rights team
to identify the location of records and to work with other local authorities and
educational establishments to ensure as comprehensive a response as
possible is provided, is ongoing. 
6.12 Where information held about requestors may cause them distress, the
Information Rights team now provides advance warning of this before issuing
their response. Individuals are regularly signposted to organisations that can
provide them with support going through their records. 
6.13 A new case management system for recording, processing and reporting on
information requests more efficiently will come into use in August 2023. 
6.14 The DPO is satisfied that data subject requests are being handled
appropriately within the resources available. 
7. SURVEILLANCE & INTERCEPTION OF COMMUNICATIONS 
7.1 The Council has powers under the Regulation of Investigatory Powers
(Scotland) Act to undertake directed surveillance and to utilise covert human
intelligence sources. The Council also has powers under the Regulation of
Investigatory Powers Act to obtain information (‘intercept’) about electronic
communications. 
7.2 Council officers have a duty to report on the use of these powers to Elected
Members. 
7.3 During 2022/23, no directed surveillance was authorised, no covert human
intelligence sources were used, and no electronic communications information
was obtained. 
7.4 The Council’s policy statement on the use of directed surveillance and the
intercept of communications is attached as Appendix 1. 
8. TRAINING 
8.1 Throughout the year, the importance of data protection has been signposted
to all staff through use of the Council’s intranet and Managers’ briefings, as
well as reminders about data protection issues in staff communications, at the 
DPO’s request. 
8.2 The DPO has also delivered targeted training sessions to individual teams
and groups of staff, on request throughout the year. 
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8.3  The DPO and her team provided training to elected members following the 
election of the new Council in May 2022. Support, awareness- raising and
advice is provided to councillors on an ongoing basis, as required. 
8.4 It is acknowledged that increasing workload of the small team has limited the
ability to provide more general training throughout the year. 
8.5 New online data protection training will be made available to all Council staff
during August 2023. 
8.6 The DPO considers there to be a reasonable level of general awareness
across the Council and notes that staff appear to be willing to seek advice and
support from the DPO. 
9. DATA PROTECTION POLICY AND PROCESS 
9.1 The DPO is satisfied that the Council has a Data Protection Policy which
complies with the separate requirements of the UK GDPR and the Data
Protection Act 2018. 
9.2 It is a statutory requirement that the Council be able to provide evidence of its
compliance with the legislation at all times. Compliance is therefore
documented and evidenced by the Council’s use of: - 
• Data Protection Impact Assessments (DPIAs)
• Detail of Data Processing Agreements
• Privacy Notices
• Data Sharing Agreements (DSAs) 
9.3 It is the responsibility of the Council to carry out DPIAs and ensure Data
Processing Agreements and Privacy Notices are in place. The role of the DPO
is to assist and advise in their creation and to maintain registers of the
documentation. 
9.4 The DPO is satisfied that there is some form of privacy notice in place in
relation to all processing of personal information carried out by the Council.
Processing may be covered by the General Privacy Notice which appears on
the Council website or by more specific short or detailed privacy notices. The
DPO continues to monitor, review and provide advice to services as required.
Privacy notices are required where we collect personal data. The Council has
a general privacy notice in place and short privacy notices are generally in
place as required. Work is ongoing with Services to ensure that corresponding
detailed privacy notices are also in place. 
9.5 Where personal information requires to be shared with other parties (e.g.,
Police, Health etc) best practice requires that Data Sharing Agreements
should be put in place. These are specialised documents which tend to be
lengthy and time-consuming pieces of work, often needing extensive
consultation with the other organisations involved. The DPO is satisfied that
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Data Sharing Agreements are in place where required, and that the Council is
adopting best practice wherever possible. 
9.6 The UK government has announced its intention to make changes to data
protection legislation. The draft Data Protection and Digital Information Bill,
which was introduced in June 2022, amended rather than repealed existing
legislation. After a period of consideration, this Bill was withdrawn and the
Data Protection and Digital Information (No. 2) Bill was introduced to
Parliament in March 2023. This is being now being considered as part of the
wider legislative process. The extent of the proposed changes is expected to
be relatively limited; however, there will be a requirement to review our
policies and processes once the new legislation comes into force. 
10. IMPROVEMENT ACTIONS 
10.1 Work to further streamline processes in relation to collating responses to
subject access requests will continue during 2023-24. 
10.2 Training on recognising and reporting data breaches will be developed and
delivered during 2023-24 to ensure as far as possible that all incidents are
reported to the DPO. 
11. CONCLUSION 
11.1 Given the breadth of all local authorities’ activities and the millions of
transactions involving personal data that are processed each year, no local
authority can state categorically that it is fully compliant with data protection
legislation. It is the opinion of the DPO, however, that the Council continues to
achieve a reasonable and acceptable level of compliance. 
11.2 The DPO is satisfied that the principles of GDPR compliance are understood
and embedded as normal practice across the Council. When procedural
failings involving data protection occur, these can almost always be attributed
to human error as opposed to a systemic failure in terms of policy or process. 
11.3 Whilst the Council would wish to avoid any data breach, given the volume and
range of personal information which it processes, the number of reported
breaches remains very low, with only a small percentage of these meeting the
threshold requiring them to be reported to the Information Commissioner’s
Office. 
Author(s)
Name  Designation Contact Details
Jillian Walker  Data Protection Officer DPO@pkc.gov.uk 
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Approved 
Name Designation Date
Lisa Simpson Head of Legal & Governance /
Senior Information Risk Officer 
8 August 2023 
Karen Donaldson  Chief Operating Officer 9 August 2023 
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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement n/a
Corporate Plan n/a
Resource Implications n/a
Financial n/a
Workforce n/a
Asset Management (land, property, IST) n/a
Assessments n/a
Equality Impact Assessment n/a
Strategic Environmental Assessment n/a
Sustainability (community, economic, environmental) n/a
Legal and Governance n/a
Risk n/a
Consultation n/a
Internal n/a
External n/a
Communication n/a
Communications Plan n/a 
1. Strategic Implications 
Not applicable. 
2. Resource Implications 
Not applicable. 
3. Assessments 
• Equality Impact Assessment – not applicable
• Strategic Environmental Assessment – not applicable
• Sustainability – not applicable
• Legal and Governance – not applicable
• Risk – not applicable 
4. Consultation 
Not applicable. 
5. Communication 
Not applicable. 
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2. BACKGROUND PAPERS 
None. 
3. APPENDICES 
The Regulation of Investigatory Powers (Scotland) Act 2000 Policy Statement.
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Exempt 7
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