Publication - FOI/EIR release

Social care workers and real living wage correspondence: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
7 Jun 2019
Social care workers and real living wage correspondence: FOI release
FOI reference: FOI/19/01155
Date received: 26 Apr 2019
Date responded: 30 May 2019
Information requested

You asked for the following:

(i) Correspondence from the Scottish Government to local authorities, health and social care partnerships, care providers and COSLA relating to the payment of the real living wage for overnight support for social care workers (including the distribution of additional funds to care providers by local authorities) for the period 1 October 2018 to 30 April 2019 inclusive; and

(ii) Emails, meeting minutes or correspondence between Scottish Government officials and Ministers relating to the payment of the real living wage for overnight support social care workers (including the distribution of additional funds to care providers by local authorities) for the period 1 October 2018 to 30 April 2019 inclusive.

Response

I enclose a copy of some of the information you requested. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested for question ii because exemptions under sections 30 (b) (i) and 33 (1) (b) of FOISA applies to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

Reasons for not providing information - Annex
Section 30(b)(i) – free and frank provision of advice
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and officials before the Scottish Government reaches a settled public view. This exemption is 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

s33 (1)(b) - Commercial interests
An exemption under section s33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation. This exemption is 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

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FOI-19-01155 - Information Released

17 page PDF
860.2 kB

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG