Publication - FOI/EIR release

Prescribing puberty hormone suppressants and cross-sex hormone medication to young people: FOI release

Published: 3 September 2024
Directorate: Population Health Directorate
Topic: Health and social care, Public sector
FOI reference: FOI/202400414588
Date received: 20 May 2024
Date responded: 18 June 2024

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

Information requested

1. Please provide a copy of the correspondence exchanged between you and NHS Greater Glasgow and Clyde, NHS Lothian, or both regarding the change in clinical policy on prescribing puberty hormone suppressants and cross-sex hormone medication to young people. Additionally, please provide a list of such correspondence, including the subject line, date, and time.

2. Please provide a copy of the correspondence exchanged between you and NHS Greater Glasgow and Clyde dated 27/03/2024, their ref:JA/TG/CMO, and your responses (including responses via the Chief Medical Officer for Scotland's office).

3. Please provide a copy of the correspondence exchanged between you and the Independent review of gender identity services for children and young people in England. Additionally, please provide a list of such correspondence, including the subject line, date, and time.

Response

I enclose a copy of some of the information you 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 under sections s.25, s30(b)(ii) and s38(1) of FOISA applies to some of the information you have requested.

Some of the information you have requested is available from:

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

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

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”. You can find explanations of why these exemptions apply in Annex A to this letter.

As part of your second request for ‘copy of the correspondence exchanged between you and NHS Greater Glasgow and Clyde dated 27/03/2024, their ref:JA/TG/CMO, and your responses’ you also further qualify: ‘including responses via the Chief Medical Officer for Scotland's office'.

We would ask you to note that, while the Chief Medical Officer, Professor Sir Gregor Smith, and Deputy Chief Medical Officers, Professor Nicola Steedman, Professor Graham Ellis and Professor Marion Bain, are based in the Scottish Government and are supported by Scottish Government civil servants, “The Chief Medical Officer of the Scottish Administration” including the Deputy Chief Medical Officers, is designated (at Part 2 of Schedule 1 of FOISA) as a wholly separate public authority from the Scottish Government. It should also be noted that requests for information submitted under FOISA cannot be transferred from one authority to another. We are, therefore, only able to provide you with the information that we were included in.

In response to your request for us to ‘…please provide a list of such correspondence, including the subject line, date, and time.’, you can find the list of all the relevant documents – including document number, type of document, dates & times, and subject line - included as part of this response to your Freedom of Information (Scotland) Act 2002 (FOISA) in Annex B.

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.