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The Equality and Human Rights Commission

  • Date 30 June 2026
  • Sector Central government, Other
  • Decision(s) FOI 36: Not upheld

The complainant has requested any communications and meeting minutes that concerned the Equality and Human Rights Commission’s interim guidance following the Supreme Court judgement For Women Scotland Ltd v The Scottish Ministers, released on 25 April 2025. The Equality and Human Rights Commission (the EHRC) relied on section 36 of FOIA (prejudice to effective conduct) to withhold the requested communications, and section 22 of FOIA (information intended for future publication) to withhold the requested meeting minutes. The Commissioner’s decision is that the EHRC was entitled to rely on sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) of FOIA to withhold the requested communications. The Commissioner does not require further steps.