The Public Records (Scotland) Act 2011: creating a culture that values public records

Abstract

Listen

Translate article

PurposeThe Public Records (Scotland) Act 2011, implemented in January 2013, celebrated its 10th anniversary this year. This case study aims to examine the implementation of the Act. The Act was born out of the “Historical Abuse Systemic Review: Residential Schools and Children’s Homes in Scotland 1950–1995”, published in 2007. This review identified problems for care leavers and abuse survivors attempting to trace records about themselves, family members or medical issues. It demonstrated an urgent need to take action to preserve historical records and protect the information rights of Scottish citizens, particularly those of the most vulnerable. Scottish Ministers wanted the Act not just to regulate recordkeeping but to change the culture of recordkeeping. Is it doing this?Design/methodology/approachThe Act’s guiding principle is continuous improvement. It does not presume records management perfection from public authorities but requires that they assess their arrangements, identify gaps in provision and deliver a commitment to close these gaps over time. This case study draws on the Keeper of the Records of Scotland’s strategy of affecting change through compliance, engagement and advocacy. We can evidence the impact of the legislation through the various tools created to support its administration: scrutiny mechanisms and statutory penalty embedded in the Act; evidence-based compliance under a “Records Management Plan” (RMP); stakeholder surgeries and conferences that address challenges, examine failings, learn from and share successes and explore development opportunities; Progress Update Review mechanism: a self-assessment tool from which we draw evidence of progress or lapses; and webinars and surveys to remain alert to stakeholder issues. Our engagement provides the qualitative and quantitative data required to accurately update Scottish Ministers.FindingsUndeniably, the Act is making a difference. It has transformed the recordkeeping landscape in Scotland over the past decade. The legislation has given the Keeper of the Records of Scotland influence and has acted as a national lever for change. For example, an authority employing a records manager and establishing a support unit as a consequence of our address to its Board; and the NHS Scotland Records Management Group, established as a consequence of the Act, now advises NHS senior management.Originality/valueThere is no doubt about progress on the ground. However, because of the fiscal problems of the 2008 financial crisis, Brexit, COVID and the current cost-of-living crisis, public authority finances are extremely strained. What does this mean for Scottish Ministers’ ambition to change the culture of recordkeeping? What are the challenges for the next decade? Good recordkeeping is not only about efficiencies but about accountable, trustworthy and transparent government. Can the Act meet these challenges?