Long COVID funding and patient treatment numbers correspondence: FOI release

Information requested

Information regarding the statement made by the Scottish Government in response to media coverage of Long COVID funding and patient treatment numbers (as referenced in the STV news article titled "Patients face lottery for support fund: 'I’ve been left to rot with Long COVID'" published on 9th December 2024 here:

https://news.stv.tv/east-central/patients-face-lottery-for-support-fund-ive-been-left-to-rot-with-long-covid

A “Scottish Government Spokesperson” is quoted as saying “It is therefore inaccurate to say that only 4,368 patients have been treated using this funding.”

I would like to request the data behind this claim.

1. The accurate number of patients who have been treated using Long COVID funding to date, as referred to in the Scottish Government’s statement, and any supporting data, calculations,estimates, or assumptions used to determine this figure.

2. Details of any methodology, criteria, or processes used to calculate or estimate the number of patients treated using this funding, including any specific data sources, formulas, or assumptions applied.

3. Copies of any correspondence, reports, internal memos, or other documents that provide or discuss the data, methodology, or rationale behind the assertion that the figure of 4,368 patients is inaccurate.

4. Any documentation or analysis that provides the Scottish Government’s most accurate estimate of the total number of patients treated using Long COVID funding, along with an explanation of how this figure was calculated.

5. Any guidance, instructions, or communication provided to NHS Boards or other public bodies on how to report or calculate the number of patients treated with Long COVID funding.

Response

1. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. This is because the Scottish Government did not refer to an accurate number of patients who have been treated using Long COVID funding to date within the statement you have referenced.

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

2 4 and 5. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. This is because the Scottish Government does not hold information regarding the number of patients treated using resource from the long COVID Support Fund exclusively, and has not issued guidance to NHS Boards or other public bodies on the calculation of this figure.

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

3. I enclose a copy of some of the information you requested, in documents 1 - 5.

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 sections 38(1)(b) (Personal information), and 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) of FOISA apply to that information.

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

Exemptions under sections 30(b)(i) and 30(b)(ii) (free and frank advice and exchange of views) of FOISA apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching a settled public position which will be outlined in whatever final press lines are used. Disclosing the content of free and frank briefing material on the development of press lines regarding the number of patients who have been treated using Long COVID funding will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive issue.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions.

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 a private space within which officials can provide free and frank advice and views to Ministers regarding the development of press lines. It is clearly in the public interest that Ministers can robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

Information provided outwith of FOISA

Outwith FOISA, you may find it helpful to know that on Monday 9 December 2024, the Scottish Government was invited to provide comment in response to a press release which included the statement “in total, the health boards have used the money to treat only 4,368 patients for long COVID”.

The press release stated that the figure of ‘patients treated’ for NHS Lothian was 671. The data provided by NHS Lothian indicated that the figure of 671 was limited to “. . . patients [who] have accessed services which have been provided specifically to support patients with Long Covid”. However, the press release stated that NHS Lothian had also utilised long COVID funding in order to provide support to people with long COVID via the existing Myalgic Encephalomyelitis-CFS Chronic Fatigue Rehabilitation Service.

In addition, the 4,368 figure did not include data from four (NHS Borders, NHS Dumfries and Galloway, NHS Fife and NHS Orkney) of Scotland’s 14 territorial NHS boards, which were recorded as not holding or being unable to provide the information 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 202400444691 - Information Released - Documents 1 - 5

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