FOI/202600516046 Review of 202600509090 · FOI · partially withheld
Issues with drinking water and the ventilation at the Baird Family Hospital and the Anchor Centre: FOI Review
Information requested
Original request 202600509090
All correspondence sent to or from the Health Directorate, relevant ministers/cabinet secretaries, or their special advisors, between January 1 2022 and Friday February 27 2026, relating to issues with drinking water and ventilation at the Baird Family Hospital and the ANCHOR Centre, Aberdeen.
This includes all forms of communication available, not limited to but including, email, text messages, whatsapp or conventional mail.”
Response
I have determined that we were incorrect in our original application of section 30(b)(i) of FOISA to ‘AR 2025 Grampian steering brief vF26.11.25 DH’ excerpt as this information is publicly available. As such, I have now provided this information in Annex A.
We have upheld the decision to apply section 30(b)(i) to some of the information pertaining to an Official Briefing provided to the Cabinet Secretary for Health and Social Care because it is in the public domain. Said information is provided in the attached Annex.
Other information from the same Briefing to which section 30(b)(i) still applies was viewed to represent the communication of an opinion while a decision is being considered.
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. Disclosing the content of free and frank advice on the options under consideration by NHS Grampian will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not been taken.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers.
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Detected exemption language
This includes all forms of communication available, not limited to but including, email, text messages, whatsapp or conventional mail.” Response I have determined that we were incorrect in our original application of section 30(b)(i) of FOISA to ‘AR 2025 Grampian steering brief vF26.11.25 DH’ excerpt as this information is publicly available. We have upheld the decision to apply section 30(b)(i) to some of the information pertaining to an Official Briefing provided to the Cabinet Secretary for Health and Social Care because it is in the public domain. Other information from the same Briefing to which section 30(b)(i) still applies was viewed to represent the communication of an opinion while a decision is being considered. An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.