Correspondence regarding NHS treatment waiting lists targets: FOI Review
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
Original request 202400444061
1. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care or Mr Gray himself to the office of Caroline Lamb the Chief Executive of NHS Scotland and Director-General of Health and Social Care, or Ms Lamb herself. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
2. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care, or Mr Gray himself to any Scottish Government official in a position of deputy director or higher. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
3. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care, or Mr Gray himself to any NHS official in a position of Chief Executive. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
4. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care, or Mr Gray himself to the office of the Cabinet Secretary for Finance and Local Government, or Ms Robison herself. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
Response
I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:
1. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care or Mr Gray himself to the office of Caroline Lamb the Chief Executive of NHS Scotland and Director-General of Health and Social Care, or Ms Lamb herself. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
2. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care, or Mr Gray himself to any Scottish Government official in a position of deputy director or higher. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
3. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care, or Mr Gray himself to any NHS official in a position of Chief Executive.
Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
4. Any correspondence (including emails, letters, phone calls, handwritten notes, WhatsApp messages or any other documents) regarding the target announced yesterday of ending two year waits for NHS treatment by March 2026 sent by the office of the Cabinet Secretary for Health and Social Care, or Mr Gray himself to the office of the Cabinet Secretary for Finance and Local Government, or Ms Robison herself. Information should include but not be limited to a detailed timeline (with dates) of any contact between these individuals. Please provide this information between the dates of 1 August 2024 and 4 December 2024 inclusive.
In particular you are asking for a review of the responses you received to questions two and four above.
Therefore, my review is limited to reconsidering our responses to those two questions only. Having completed my review of the response you received, I have concluded that a new decision should be substituted.
Question 2
The response you received advised that exemptions apply under sections 17(1) (notice that information is not held); 30(b)(i) (free and frank provision of advice) and 38(1)(b) (personal information) of FOISA to the information you requested.
Having carried out the review I can advise you that there were no documents that fell within the remit of question 2, therefore the formal notice under section 17(1) that no information is held is all that you should have received by way of response. Because we hold no relevant information the other exemptions cannot apply. I apologise that other exemptions were also noted in the response you received.
Question 4
The response advised that exemptions apply under sections 17(1); 30(b)(i) & 38(1)(b) of FOISA. There were documents to consider, therefore you should not have been notified under s17(1) that information is not held. On reconsideration of the information, I have concluded that reliance on section 30(b)(i) of FOISA should be withdrawn.
Your request for information is for correspondence between Ministers, therefore some of the information that you have requested is withheld under section 29(1)(b) (Ministerial communications) of FOISA. I am disclosing the remainder of the information withheld under 30(b)(i) to you and a copy is attached to this response (Annex A). I have concluded that the exemption at section 38(1)(b) was applied correctly to withhold the names of junior officials for the reasons set out in our initial response.
Some of the information contained within the documents is “out of scope” i.e. the information does not refer to the question asked, and has therefore been marked as such.
The exemption at 29(1)(b) applies because the information requested relates to communications between Ministers.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption. I 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 Ministers a private space within which issues can be explored and refined until the Government as a whole can reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the decision making process.
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Contact
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Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
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