Correspondence regarding National Care Service: FOI release

Information requested

1. Who took the decision to scrap it? Who had to give their say for the plans to be scrapped and when was ths decision taken? (time and date)

2. The latest estimated figure or calculation of how much the Scottish Government believed setting up the national care service would cost. There must be a bit of analysis or a document kicking around which tells ministers ‘we believe the national care service woud cost x amount of y years’.

3. I see there’s talk about keeping some of the ideas of the national care service plans. So ditching parts 1 of the plans but keeping parts 2 and 3. So, if the decision to scrap it was a financial one then please provide the updated figure that the Scottish Government now believes its plans will cost by ditching part 1 but keeping part 2 and 3. There must be a document that shows a calculation of estimated cost as result of ditching parts of the National Care Service plan.

4. This looks like very new news. So I want to know how the politicians are texting about it. Please provide all WhatsApp or text messages sent from and received by

Neil Gray
Maree Todd
Shona Robison
First Minister John Swinney
from 12th November to morning of 14th November.

Ideally want all the messages that are sent but especially anything that relates to national care service.

5. Any emails received by or sent from Maree Todd, Neil Gray, Shona Robison and John Swinney's office between 11th November to 14th November regarding the national care service. You can search their inboxes by typing in national care service.

Response

I enclose the information you requested, please note all email correspondence requested has been added as an attachment, due to its length.

The answer to point 1 of your question

It is incorrect to say that a decision has been taken to “scrap” the National Care Service (NCS).

The National Care Service (Scotland) Bill is progressing through the Scottish Parliament. The lead committee for this Bill currently is the Health, Social Care and Sport Committee.

On 13 November 2024 (letter attached in this response), the Minister for Social Care Wellbeing and Sport wrote to that committee with an update. In the letter, she stated “The Scottish Government remains committed to the plans for a National Care Service, and work continues to progress this as quickly and effectively as possible.

“That work involves careful consideration of the views of this committee, stakeholders, members of the public and political parties. The Scottish Government wishes to take the time that is needed to fully reflect those views in our approach to Stage 2 of the Bill.

“For those reasons the Scottish Government is not seeking to start Stage 2 consideration of the National Care Service (Scotland) Bill on 26 November, and will work with the committee and Parliamentary Bureau to agree a revised timetable, for the New Year.

“To confirm, we remain committed to plans for a National Care Service and are working to progress this as quickly and effectively as possible.”

The answer to point 2 of your question

The costs for setting up the NCS have previously been published in December 2023 in a letter from the Minister for Social Care, Mental Wellbeing & Sport to the Finance and Public Administration Committee (as part of that committee’s scrutiny of the finances of the NCS Bill), which is available on the Scottish Parliament’s website https://www.parliament.scot/-/media/files/committees/finance-andpublic-administrationcommittee/correspondence/2023/ncsbillfm_ministerscmwstoconvener_11dec23.pdf

The answer to point 3 of your question

Work on the National Care Service is continuing and, Ministers are considering their approach to Stage 2 of the Bill as indicated in our answer to point 1 of your question.

The answer to point 4 of your question

A search has been conducted and no WhatsApp or text messages relating to the NCS were found.

The answer to point 5 of your question

A search has been conducted and the results of that are attached to this reply.

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 29(1)(a) (policy formulation), 29(1)(d) (Ministerial private office), 30(b)(i)(the free and frank provision of advice), 30(b) (ii) (the free and frank exchange of views for the purposes of deliberation) and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemptions apply are explained below.

The section 29(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 section 29(1)(d) (Operation of Ministerial private office) 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 section 30(b)(i) (the free and frank provision of advice) 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 section 30(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 section 38(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 202400440709 - Information released - Annex

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