Supporting documents to the Target Operating Model (TOM) supplied by KPMG: FOI release

Information requested

The final version of all the "supporting documents" to the TOM which were supplied by KPMG to the Scottish Government as part of the contract.

Response

The work undertaken by KMPG supported the development of the NCS Target Operating Model (TOM), NCS Current Target Operating Model (COM) and a Programme Business Case. You were previously provided with the NCS COM (June 22) on 24 October 2024. As part of your last request, you were provided on 3 December 2024 with the NCS Summary TOM (Sept 2024) and were advised the NCS TOM is under on-going development the expectation is the first iteration of this will be finalised to support National Care Service delivery. You were also previously provided with the latest published version of the Programme Business Case on 23 September 2024 in reply to your request of 27 August 2024. You were provided with the published letter from the Minister for Social Care, Mental Wellbeing and Sport which was sent to the Health and Social Care Committee on 11 December 2023.

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

I enclose a copy of the NCS TOM document provided by KPMG

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 exemption(s) under FOISA applies

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 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.

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FOI 202400442263 - Information Released - Annex

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PDF

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2.4 MB