FOI/202500466402 · FOI · partially withheld
Anne's Law: CHRS (Care Homes Relatives Scotland) meetings and correspondence: FOI release
Information requested
All documentation the Scottish Government holds on contact and discussions with Care Home Relatives Scotland relating to Anne's Law, including correspondence, minutes, reports, notes and actions from meetings.
For the period 15th November 2024 to 15th May 2025.
Please include the dates of any meetings held and names of any ministers participating in each meeting.
Response
I enclose a copy of the information you have requested. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions apply under:
Section 29(1)(a) of FOISA (Formulation of Scottish Administration policy etc.) Section 30(b)(i) of FOISA (the free and frank provision of advice); Section 38(1)(b) of FOISA (personal information)
Section 29(1)(a) of FOISA (Formulation of Scottish Administration policy etc.)
This exemption applies because it relates to the development of the Scottish Government’s policy on Anne’s Law. 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on will be disclosed in the near future, when it may undermine or constrain the Government’s view on Anne’s Law policy while it is still under discussion and development
Section 30(b)(i) of FOISA (the free and frank provision of advice)
This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position. Disclosing the content of free and frank briefing material will substantially inhibit such briefing in the future, particularly because these discussions on the issue are still ongoing and final 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 this 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 free and frank advice to Ministers in briefings. It is clearly in the public interest that Ministers can robustly defend the Government’s policies and decisions and they need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest
There is also a greater public interest in allowing officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position and until the Government as a whole can adopt a policy decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence. Premature disclosure is likely to undermine the discussion of issues between the Scottish Government and stakeholders, in this case members of Care Home Relatives Scotland, which in turn will undermine the quality of the policy and decision making process, which would not be in the public interest. There is also an important public interest in avoiding the loss of stakeholder confidence in cases where they thought they were providing comments in confidence.
Section 38(1)(b) of FOISA (personal information)
This exemption applies because it is personal data of a third party, i.e. names and contact details of individuals. Disclosing this information would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
About FOI
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Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions apply under: Section 29(1)(a) of FOISA (Formulation of Scottish Administration policy etc.) Section 30(b)(i) of FOISA (the free and frank provision of advice); Section 38(1)(b) of FOISA (personal information) Section 29(1)(a) of FOISA (Formulation of Scottish Administration policy etc.) This exemption applies because it relates to the development of the Scottish Government’s policy on Anne’s Law. 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. Their candour in doing so will be affected by their assessment of whether the discussions on will be disclosed in the near future, when it may undermine or constrain the Government’s view on Anne’s Law policy while it is still under discussion and development Section 30(b)(i) of FOISA (the free and frank provision of advice) This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.