A Fairer Scotland for Older People report information: FOI Review

Information requested

Original Request 202500462766
"Any detailed information on how the SG has been dealing with matters on an annual basis since the release of the report in 2019. There was a summary of actions (P62-65), which might provide a means of identifying which items have progressed irrespective of the refresh process. For example, has the Older People's Strategic Action Forum (OPSAF) been meeting and if so are minutes/reports available for access? are there details of any relevant reports to the Parliament, Ministers and Committees in respect of the 2019 report?"

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:

".... any detailed information on how the SG has been dealing with matters on an annual basis since the release of the report in 2019. There was a summary of actions (P62-65), which might provide a means of identifying which items have progressed irrespective of the refresh process. For example, has the Older People's Strategic Action Forum (OPSAF) been meeting and if so are minutes/reports available for access? are there details of any relevant reports to the Parliament, Ministers and Committees in respect of the 2019 report?" and your subsequent review “these responses are unsatisfactory.

In essence the disclosures consist of tables without identifiers of the sources/ dates/or responsible agents. Consequently, it is impossible to assess their value or relate them to the Recommendations in the 2019 Report. In addition, most of the cells in the tables are either blank or labelled as redacted. Two reasons for redaction are given: (i) protecting personal details or (ii) “s.29(1)(a) (policy formulation)". This latter seems to be most relevant to the objective of gaining insight into any actions.“

I have concluded that the aspects of the original decision should be confirmed with modifications to disclose further information that was excluded in the original response.

Please see attached Disclosures 1 to 8 with most of the information requested. (When you open Disclosures 2 to 8 you will need to 'Zoom in' and scroll to read the text as these replicate Excel documents.)

As per the original response, an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it contains personal data of a third party, e.g. names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. However, where names are publicly available this exemption has not been applied.

As per the original response, the information that has been disclosed to you was in documents that were interspersed with other information that was not relevant to your request. For examples, minutes of meeting captured reflections, discussions and presentations on a range of other subject matters that did not stem from or relate to 'A Fairer Scotland for Older People: framework for action' e.g. there were numerous items concerning immediate issues in relation to covid 19 responses - including in relation to other specific groups such gypsy/travellers and disabled people, updates on mainstreaming equality, updates on Hate Crime Act, etc. As such this information has been considered to be outwith the scope of your request and withheld accordingly.

Finally, I have again redacted some information - more limited than in the original response - under section 29(1)(a) of FOISA (formulation or development of government policy) because it relates to the development of the Scottish Government’s policy. 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. We 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on a policy within A Fairer Scotland for Older People: framework will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500468533 - Information Released - Annex

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