Documentation regarding homeless deaths in Scotland: FOI release

Information requested

Could you supply all documentation held by the Scottish Government regarding the winter fuel payment, including correspondence sent and received (including internal), briefings, minutes/notes from meetings, analysis, between November 15 2024 and December 15 2024?

Could you supply all documentation held by the Scottish Government about homeless deaths in Scotland, including correspondence sent and received (including internal), briefings, minutes/notes from meetings, analysis, between November 15 2024 and December 15 2024?

Response

Documentation regarding the winter fuel payment.

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested in this question would exceed the upper cost limit of £600. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Documentation about homeless deaths in Scotland

I enclose a copy of most of the information you requested in electronic format (pdf file) at Annex A.

Some of the information you have requested is available from the National Records of Scotland website. This includes the homeless deaths in Scotland 2023 statistical publication, which can be found here - HomelessDeaths 2023 - National Records of Scotland (NRS) and a news release about the publication , which can be accessed here - 242 died while homeless - National Records of Scotland(NRS). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 Section 38(1)(b) and Sections 30(b)(i) and (ii) of FOISA apply to that information.

An exemption applies

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. names/contact details of individuals) and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.

Where staff details have been withheld, redactions have been applied at the minimum level necessary to remove the risk of identification. Non-identifiable details, including partial email addresses, have been retained to ensure transparency around where communications originated, or were sent.

Some information has been withheld because exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply. These exemptions apply to a chain of emails dated 21 and 22 November 2024 and have been applied 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 the settled public position which will be given in whatever final press lines are used. Disclosing the content of free and frank briefing material and the exchange of views regarding press lines to issue in response to the NRS homeless deaths in Scotland publication 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 to Ministers and exchange views in relation to briefing for press lines. It is clearly in the public interest that Ministers can properly and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. 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.

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 202500447098 - Information Released - Annex A

File type

PDF

File size

1.6 MB