Care home and 'care at home' service providers - FOISA extension: consultation analysis

Appendix B: Consultation Questions

1. Do you agree that FOISA should be extended, where possible, to private and third sector (charity and not-for-profit organisation) run care homes?

Yes

No

No view

Please use the space below to set out your detailed views:

[please insert response here………………….]

2. Do you agree that FOISA should be extended, where possible, to private and third sector (charity and not-for-profit organisation) run ‘care at home’ services?

Yes

No

No view

Please use the space below to set out your detailed views:

[please insert response here………………….]

3. Whether or not you actually support any extension, please indicate which of the following statements best reflects your view:

a) If FOI law were to be extended to care home and ‘care at home’ providers, information about all such services should, where possible, become subject to FOI law, irrespective of the level or type of public funding that supports those services.

b) If FOI law were to be extended to care home and ‘care at home’ providers, only information about such services which are mainly publicly funded should, where possible, become subject to FOI law.

c) No view

3(a). If you chose option ‘b’ above, please set out any more detailed thoughts you may have on the type or level of public funding that should result in the provider becoming subject to FOISA:

[please insert response here………………….]

4. Do you agree that any extension to private and third sector care home and ‘care at home’ services should apply to such services when delivered to children and young people (i.e. people under 18 years of age)?

Yes

No

No view

5. Are there any issues, opportunities or challenges specific to children and young people’s services which require to be considered? If so, please set out how you see these:

[please insert response here………………….]

6. Do you consider that the size of a private or third sector care home or ‘care at home’ service provider should have any bearing in whether that provider is made subject to FOISA?

Yes

No

No view

6(a). If you answered ‘yes’ to question 6, which of the following statements best reflects your views in relation to care home providers?:

a) Only the very smallest providers, offering services to up to 10 people, should be exempt from FOISA.

b) Providers offering services to up to 50 people should be exempt from FOISA.

c) Providers offering services to up to 100 people should be exempt from FOISA.

d) Only the largest providers, offering services to over 1000 people should be made subject to FOISA.

6(b) If you answered ‘yes’ to question 6, which of the following best reflects your views in relation to ‘care at home’ providers?:

a) Only the very smallest providers, with a staff headcount of up to 10, should be exempt from FOISA.

b) Providers with a staff headcount of up to 25 should be exempt from FOISA

c) Providers with a staff headcount of up to 50 should be exempt from FOISA

d) Providers with a staff headcount of up to 100 should be exempt from FOISA

e) Only the largest providers, with a staff headcount of over 1000 should be subject to FOISA.

6(c) Do you have any other comments on the challenges or opportunities that might come from extending FOISA to smaller providers? Please use the space below to set out your views:

[please insert response here………………….]

7. What would be most helpful to assist care providers in discharging their obligations under FOISA? Please provide your thoughts below:

[please insert response here………………….]

8. What would be most helpful to people who access social care and other members of the public to enable them to access their rights under FOISA? Please provide your thoughts below:

[please insert response here………………….]

9. What categories of information relating to the work of care home and ‘care at home’ services would people be most likely to seek? Please provide your thoughts below:

[please insert response here………………….]

10. Do you have any comments on the business and regulatory impact of FOISA extension for organisations?

[please insert response here………………….]

11. Do you have any comments on impact of FOISA extension in relation to the fulfilment of data protection rights and obligations?

[please insert response here………………….]

12. Do you have any comments on how the proposed extension might impact differently, whether positively or negatively, on different people in Scotland in relation to the following characteristics?

• Age.
• Disability (including both physical and mental impairments).
• Gender reassignment.
• Marriage and civil partnership (apply specifically to employment contexts).
• Pregnancy and maternity.
• Race.
• Religion or belief.
• Sex.
• Sexual orientation.

[please insert response here………………….]

Evidence from the answers provided to this question will be used to help inform the development of an Equality Impact Assessment.

13. Do you have any comments on how the proposed extension might impact on the human rights of people in Scotland or beyond?

[please insert response here………………….]

14. Do you have any comments on how the proposed extension might impact individuals affected by socio-economic disadvantage?

[please insert response here………………….]