Care sector – proposed Freedom of Information extension consultation advisory group minutes: February 2025

Attendees and apologies

The following organisations were represented:

Apologies

• Campaign for Freedom of Information in Scotland
• Who Cares Scotland
• The Coalition of Carers in Scotland
• Scottish Government, Directorate for Children and Families (DCAF)
• Coalition of Care and Support Providers in Scotland

External stakeholders

• COSLA
• Care Inspectorate
• Campaign for Freedom of Information in Scotland
• Scottish Information Commissioner’s office
• Scottish Care
• Glasgow City Council
• Glasgow City Health and Social Care Partnership
• Scotland Excel
• Social Workers Union
• UNISON Scotland
• Common Weal
• Alzheimer Scotland
• Age Scotland
• Member with lived experience 
• Transparency International (UK)
• Scottish Social Services Council
• The ALLIANCE, Health and Social Care Alliance Scotland
• Social Work Scotland

Internal stakeholders

• Minister for Parliamentary Business, Jamie Hepburn
• Minister for Parliamentary Business, Private Office
• Scottish Government Improvement and Public Engagement Division (IPED)
• Government, Directorate for Social Care and National Care Service Development
• Scottish Government, Scottish Procurement and Property Directorate
• Scottish Government, Directorate for Children and Families (DCAF)

Items and actions

Welcome

The Chair gave a brief introduction and background on the consultation.
At the start, Minister for Parliamentary Business, Jamie Hepburn joined briefly to provide a welcome address thanking all for their participation in the group.

Introductions

Each participant introduced themselves and their positions in the organisation they represent. The Chair asked each participant to give two wishes for the group as well as a ‘ponder’ – referring to the risks or matters to be addressed during the design and the running of the consultation. This was also an opportunity for everyone to outline potential challenges for the consultation and for care service providers both during and after the consultation, as well as in the process of the extension. The following issues were raised.

Summary of aspirations for the Group:

• active listening and collaboration
• quality engagement
• sharing of experiences
• a clear understanding of the benefits of the consultation
• ahared accountability
• comprehensive understanding of the care sector while focusing on the key issues affecting the sector 
• keep it simple
• understand the operation of the care sector from various perspectives

Key issues for consideration by the Group:

• resource and financial implications for care providers
• understanding how the consultation ties in with the ongoing plans for social care reform
• ensuring the that resource impact of the consultation process itself remains proportionate, in view of the wider demands on the sector in relation to engagement with government
• number of organisations to be affect by the proposed extension
• how existing pressures on the care sector will be addressed
• ensuring quality training for organisations
• developing a pragmatic approach for very small-scale organisations 
• clarifying practical outcomes for greater transparency
• value of the extension to the public
• implications of the proposed extension on the care sector following the anticipated reform under the NCS Bill
• whether extension of FOISA would fulfil the objective of ensuring greater transparency in the sector
• explore alternatives to achieve goals of the proposed extension
• addressing implementation gap for the proposed extension
• adopting a sustainable approach that could feed into future consultation
• defining the scope of the proposed extension
• identifying the key potential challenges as a result of the extension
• the group should develop clear established objectives
• consider how improvement in approaches by current duty bearers (e.g. local authorities, IJBs) to proactive publication could address transparency in the care sector
• defining the scope as well as establish the criteria to determine organisations to be to be considered within scope of the proposed extension

Discussion on the proposed remit:

The group agreed on the remit. 

Presentation by representative of the Office of the Scottish Information Commissioner. 

The presenter gave a detailed overview of the success of previous extensions particularly focusing on the success of the extension of FOISA to Registered Social Landlords (RSLs). The presenter also highlighted key issues and the support provided by the Office of the Scottish Information Commissioner to organisations becoming subject to FOISA. 

Discussion on approach to the consultation.

There was a discussion on the approach to the consultation and the key issues to be considered.  The Chair suggested the following key strands were emerging from the discussion:

Impact of FOI on providers:

• what does a practical roll out look like
• practical guidance needed

Who does FOI apply to?

• different sizes of organisations 
• different sectors e.g. children’s services

Wider themes of transparency and best practice:

• what wider issues around transparency and access to information in the sector should be considered

It was agreed that sub-groups should be formed to consider each strand.

During the discussion of the Group’s remit one member indicated their keenness to understand what specific changes extension would bring to the care sector, and how these would be fulfilled by care providers on a day-to-day basis.

The Chair was asked to clarify whether the process of consultation was intended to inform a decision about whether to extend FOI, or whether the focus was on the detail of the roll out - the substantive decision to extend having already been taken. SG FOI Unit officials confirmed that whilst Ministers have set out that they see a clear case for extension of FOISA in principle, no decision on extension has yet been taken. The purpose of the consultation is to engage with the sector to help develop the best approach to an effective extension, and to inform Ministers’ decisions in this area.

Next steps and action items:

SG FOI Unit to propose topics and membership of sub-groups for consideration by members and liaise with member re suitable dates for subsequent meetings.

Any other business

No further discussion