Publication - FOI/EIR release

Puberty Blockers Pause: FOI release

Published: 18 September 2024
Directorate: Population Health Directorate
Topic: Health and social care, Public sector
FOI reference: FOI/202400409950
Date received: 18 April 2024
Date responded: 17 May 2024

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

1. The correspondence received by the Scottish Government by the Sandyford Clinic (or whoever was responsible for the decision) to inform them that this pause was happening.

If its email or letter or whatever, please provide it.

2. Confirmation that the Scottish Government did or did not make the decision.

3. Confirmation of who the Scottish Government recognises as having made the decision. Please be specific in term of who made it, who would have been present etc.

4. The date and time that the Scottish Government notes as when the decision was made.

5. The first reply or official piece of correspondence from the Scottish Government to acknowledge this decision.

In other words the letter or email sent to the Sandyford Clinic or whoever made the decision to pause, to say that the Scottish Government acknowledged it was happening.

6. The first email or piece of correspondence that refers to this pause potentially happening.

In other words an email or letter that mentions that a pause could possibly happen but hasn't happened yet. Or in other words an email that gives the government notice that the decision might be taken in the next couple of days or something.

Response

I enclose a copy of some of the information you requested.

Exemptions under sections 29(1)(a), 30(b)(i), and 38(1)(b) of FOISA apply to some of the information you have requested.

Section 29(1)(a) states that “information held by the Scottish Administration is exempt information if it relates to the formulation or development of government policy.”

Section 30(b)(i) states that “information is exempt information if its disclosure under this Act would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.”

Section 38(1)(b) states that “information is exempt information if it constitutes personal data and the first, second or third condition is satisfied (see subsections (2A) to (3A)).” Subsection 2A(a) states that “the first condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene any of the data protection principles”.

Regarding your first request, I attach a letter sent by NHS Greater Glasgow and Clyde (GGC) and NHS Lothian to the Chief Medical Officer (CMO) on 27 March 2024, received by the Chief Medical Officer’s office on 28 March 2024.

In answer to your second request, the decision to pause new prescriptions of puberty-suppressing hormones for young people accessing the Sandyford Young People’s Gender Service was one made by NHS GGC and NHS Lothian via local clinical governance pathways, and not by the Scottish Government.

Regarding your third and fourth requests, as the process to make this decision took place in NHS GGC and NHS Lothian the Scottish Government does not have the information you have asked for.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Regarding your fifth request, I attach a copy of a letter issued by the CMO on 9 April 2024 to the Medical Directors of NHS GGC and NHS Lothian, in response to their letter dated 27 March 2024.

Regarding your sixth request, exemptions apply. These are set out in the Annex to this letter.

ANNEX – EXEMPTIONS

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on gender identity healthcare delivery and associated improvement, particularly related to ongoing policy work related to specialist care for children and young people 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 development, options and sensitivities surrounding improvement in delivery of specialist gender identity healthcare for children and young people will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.