Care sector - Consultation Advisory Group: terms of reference

Background

The Scottish Government has committed to consult on the extension of the Freedom of Information (Scotland) Act 2002 (FOISA) to private and third sector operated care homes and ‘care at home’ services. This follows its consultation on Access to Information Rights in Scotland (2022-23) and in the context of its commitment to a rights-based, person led approach to the development of an National Care Service (NCS).

The Scottish Government has indicated that the consultation itself should take place after the passage of the NCS Bill. This recognises the pressure on time and resources of interested stakeholders created by the need to engage in discussion on the Bill. As well as the desirability of ensuring that discussion around FOISA extension can take place in a context of certainty about the statutory underpinnings on which the NCS will be developed. To avoid undue delay to the FOISA extension consultation, it is necessary for the Scottish Government to begin developing the approach to consultation whilst the NCS Bill continues to progress.

Aim

To input into the development of the Scottish Government’s approach to consultation on extension of FOISA to private and third sector providers of care home and ‘care at home’ services, in order to ensure the approach to consultation is robust.

Remit

To support the development and design of the consultation on extension of FOISA to care home and ‘care at home’ services, by:

• identifying the most salient issues in relation to proposed extension, on which the Scottish Government should seek to gather evidence and views in the consultation
• identifying opportunities to encourage engagement in the consultation process by members of the public and by the widest possible community of interested stakeholders, inputting to the development of the consultation engagement strategy
• commenting on the broad approach to defining the services and/or functions for which care providers might be designated
• specifically considering issues of proportionality and the treatment of small and medium-sized providers in relation to the extension proposals and timescales for extension
• specifically considering the treatment within the consultation process of care home and ‘care at home’ services delivered to children and young people
• commenting on a full draft consultation paper, with the opportunity to suggest amendments prior to publication

Out of scope

The Scottish Government has already committed that there will be a consultation on extension of FOISA to private and third sector providers of care homes and care at home services, using the section 5 power. The purpose of the group is to shape the approach to delivering that commitment, not to revisit the commitment itself.

Wider policy questions on reform of FOI law in Scotland and on the development of the National Care Service are also outside of the group’s remit.

Governance

The group will be chaired by the Scottish Government’s Improving Public Engagement Division (IPED) and will present its findings directly to the Minister for Parliamentary Business.

The group will operate transparently. Agendas and minutes for meetings will be proactively published on the Scottish Government website.  The final recommendations made to the Minister will also be published. All recorded information relating to the work of the group is understood to be held by the Scottish Ministers for the purposes of FOISA.