National Care Service proposal correspondence: FOI release

Information requested

The last 12 months, from the date of this FOI request, copies of all correspondence in the form of emails, minutes, memorandums and letters between Caroline Lamb, the Chief Executive of NHS Scotland and Director General for Health and Social Care, and John-Paul Marks, the Permanent Secretary to the Scottish Government, John-Paul Marks, about the proposed National Care Service.

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 an exemptions under sections s.29(1)(a) (policy formulation), 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemptions apply are explained below.

The s29(1)(a) (policy formulation) exemption has been applied as some of the information contained within the attachments which is subject to on-going policy evaluation and formulation by civil servants and Scottish Ministers.

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.

The s30(b)(ii) (free and frank exchange) exemption has been applied as some of the information contained within the emails is subject to free and frank exchange of views between officials, stakeholders and Ministers. This exemption also recognises the need to allow Ministers some private space for discussion.

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.

The s38(1)(b) (personal information) has been applied to remove personal identifiable information of staff members of the Scottish Government.

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 202400435760 - Information Released - Annex

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