Current Operating Model (COM) and Target Operating Model (TOM) for National Care Service (NCS): FOI Review

Information requested

Original request 202400428840

1) The final outputs/products of the work KPMG undertook under the contract it was awarded by the Scottish Government to look at the Current Operating Model and Target Operating Model for care provision, including the business case.

2) The total amount that the Scottish Government actually paid KPMG under this contract and the date of the final payment.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

The final outputs/products of the work KPMG undertook under the contract it was awarded by the Scottish Government to look at the Current Operating Model and Target Operating Model for care provision, including the business case.

The total amount that the Scottish Government actually paid KPMG under this contract and the date of the final payment.

In your request for a review you asked for clarity surrounding the payment of £636k to KPMG:

“I see, however, that the final payment of the £636k paid to KPMG was made in January 2023. Does that mean therefore that the 8 slide summary was the main product of the work KPMG undertook on the TOM or did they produce other unfinished (I had asked for the final products of the work) products that support the summary?”

Furthermore, you expressed dissatisfaction with redactions made to the National Care Service Current Operating Model “COM” document

“..I am writing to  request you review the extensive redactions from the work KPMG produced on the COM (except for the lists of names of those who attended the various workshops).  Your claim that the redactions from a document dated June 2022 are about policy that is still in the course of being formulated, seems incompatible with the fact that the Scottish Government then introduced the NCS Bill that same month along with a policy memorandum.  What is more as a result of the Verity House Agreement the Scottish Government then revised its previous policy position and subsequently at Stage 2 has introduced further amendments to the NCS Bill.   Two years after this work was produced it is in the public interest that all the redactions, for example those on the heading "what this means for designing a future system" are made public.   Can I remind you that the Scottish Government claimed it was committed to "co-designing" the NCS with stakeholders - the redactions undermine those claims completely.”

For completeness you did not express dissatisfaction with the application of S.25(1) (information otherwise accessible) and S.38(1)(b) (personal information). However, they have been reviewed as part of this response and I have provided further information on those below.

Review response

Firstly, to answer your question regarding the payment to KPMG. It covers work on the Business case, the Target Operating Model and the Current operating Model.

Secondly, I have reviewed the use of and redactions made under S.25(1), S.29(1)(a) S.30(b)(ii) and S.38(1)(b), and I attach a new version of the National Care Service COM document.

I have concluded that the original decision should be confirmed, with modifications.

I have reconsidered the application, including where applicable the public interest test, and determined that additional information is eligible for disclosure. While our aim is to provide information whenever possible, we are unable to still provide a small amount of the information you have requested because of the following exemptions under FOISA applying.

S.25(1) (information otherwise accessible)

S.29(1)(a) (the formulation or development of government policy)

S.30(b)(ii) (the free and frank exchange of views for the purposes of deliberation

S.38(1)(b) (personal information)

Section 25(1) of FOISA (information otherwise accessible), we do not have to give you information which is already reasonably accessible to you. In this case the Target Operating Model and the Business Case. Published letters from the Minister for Social Care, Mental Wellbeing and Sport which were sent to the Health and Social Care Committee on 11 December 2023 and to the Finance and Public Administration on 28 February 2024 for the Target Operating Model and Business Case respectively.

If, however, you do not have internet access to obtain this information from the websites listed below, then please contact me again and I will send you a paper copy.

Letter from the Minister for Mental Wellbeing and Social Care to the Convener of 11 December 2023 (parliament.scot) 

Letter-from-minister-for-social-care-mental-wellbeing-and-sport-on-interim-response-to-hscs-committe.pdf (parliament.scot) 

Section 29(1)(a) of FOISA (formulation or development of government policy) applies to a small amount of the information requested because it relates to the development of the Scottish Government’s policy on the National Care Service and in particular the community health services in scope.

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 that policy while it is still under discussion and development.

Section 30(b)(ii) of FOISA – (free and frank exchange of views for the purposes of deliberation) applies to a small amount of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions will substantially inhibit such discussions in the future, particularly because these were key discussion points by the stakeholder working group and these discussions are still ongoing and decisions have not necessarily 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 Ministers and officials a private space to record and consider key stakeholder views within which to explore and refine the Government’s position. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policymaking process, which would not be in the public interest.

Section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party i.e. the names and specific job titles of individuals working for the Scottish Government and elsewhere, and disclosing it 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

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

FOI 202400433752 - Information released - Annex

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