Health Secretary briefings on Accident & Emergency performance and Investment: FOI release

Information requested

1. All briefings and documentation provided to the Cabinet Secretary for Health, from 8 February 2024 to present, regarding:

a. A&E performance
b. Investment into NHS capital projects
c. The investment freeze announced earlier this year
d. Assessments of the current state of care services

2. All communications to and from the Cabinet Secretary for Health, from 8 February 2024 to present, regarding:

a. Estimations, projections, and predictions for A&E performance
b. Estimated impact of the NHS capital investment freeze
c. Forecast horizons for the meeting of healthcare targets
d. Forecasts for how adherence to any NHS target would change into the future

Response

1a, 1d, 2a, 2c, 2d: In preparing our response to these questions we have interpreted the ask as relating to A&E Performance, associated targets and the current state of urgent care services.

I enclose a copy of some of the information you requested in Annexes A and B.

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 the following sections of FOISA apply to that information:

• Section 30(b)(ii) and section 30(b)(iii) - Free and Frank Provision of advice for purpose of discussion
• Section 38(1)(b) Personal Details
• Section 25(1) Otherwise Accessible

The reasons these exemptions apply is set out below.

1b: I enclose a copy of some of the information you requested in Annex C.

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 the following sections of FOISA apply to that information:

• Section 30(b)(ii) and section 30(b)(ii) Free and Frank Provision of advice and the Free and Frank Exchange of Views for the Purposes of Deliberation
• Section 38(1)(b) Personal Details
• Section 25(1) Otherwise Accessible
• Section 29(1)(a) Formulation or development of Scottish Government Policy)

The reasons these exemptions apply is set out below.

1c, 2b. 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 the following sections of FOISA apply to that information:

• Section 17(1) (Information is not held)

The reasons this exemption applies is set out below.

You may also find the recent Scottish Government update on major health infrastructure projects of interest. This is publicly available on the Scottish Government’s website:

Sector: Health - Infrastructure Investment Plan 2021-22 to 2025-26 Major capital projects progress update (August 2024) - gov.scot (www.gov.scot)

An exemption applies under Section 38(1)(b) - Personal data relating to a third party

An exemption under Section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names and contact details of individuals, 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.

An exemption applies under Section 25 (1) – Information otherwise accessible

Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where the requester can obtain the information without asking for it under FOISA.

Where section s.25 has been applied in portions of our response relating to 1a, 1d, 2a, 2c and 2d, weekly and monthly statistics on A&E performance are available here: Overview - Accident and emergency - Urgent and unscheduled care - Healthcare system - Public Health Scotland. Additional information on Acute hospital activity is also published by PHS and is available here: Acute hospital activity and NHS beds information (annual) - year ending 31 March 2024 - Acute hospital activity and NHS beds information (annual) - Publications - Public Health Scotland

Where section s.25 has been applied in portions of our response relating to 1b, the information is publicly available in response to parliamentary question S6O-00299:
Meeting of the Parliament: 28/10/2021 | Scottish Parliament Website

An exemption applies under Section 30(b)(i) - Free and frank provision of advice and 30(b)(ii) and the free and frank exchange of views for the purposes of deliberation

An exemption under Section 30(b)(i) (substantial inhibition to free and frank provision of advice) and Section 30(b)(ii) (substantial inhibition to the Free and Frank Exchange of Views for the Purposes of Deliberation) of FOISA applies to some of the information requested. 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 these exemptions. We recognise that there is some public interest in releasing this information however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future.

An exemption applies under Section 29 (1)(a) – Formulation or development of Scottish Government Policy

An exemption under section 29(1)(a) of FOISA (formulation / development or development of government policy) applies to some of the information requested. 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 this 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.

An exemption applies under Section 17(1) – Information is not held

In December 2023 NHS Boards were instructed to stop all health projects not in construction and advised this was expected to be for a minimum of 2 years - there has been no change to that instruction.

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

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 202400436087 - Information Released - Annex

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