NHS Fife correspondence and meeting materials: FOI release

Information requested

All correspondence between the Scottish Government and NHS Fife, plus all minutes/notes from meetings between both entities, as well as briefings written about NHS Fife, from the last month.

Response

I enclose a copy of some of the information you requested in PDF format.

Your request covered the period from 5 July to 5 August 2025 (the last month) from the date we received your request.

The request as worded is very broad and not tightly defined. In practice, correspondence between the Scottish Government and NHS Fife can cover a wide range of operational and policy issues.

Given the context in which the request was submitted, alongside related questions on funding of external equality organisations, and at the time an Employment Tribunal concerning NHS Fife recommenced in July 2025, we have interpreted this request as pertaining to correspondence and briefing material relating specifically to the ongoing NHS Fife Employment Tribunal. This interpretation ensured the request could be handled proportionately while capturing the material most directly relevant to the requester’s apparent focus.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under the following sections of FOISA apply to that information:

• s.30(b)(i) (free and frank provision of advice)
• s.30(b)(ii) (free and frank exchange of views for the purposes of deliberation)
• s.30(c) (effective conduct of public affairs)
• s.36(1) (confidentiality of legal advice)
• s.38(1)(b) (personal information)

Section 30(b)(i) and 30(b)(ii)
Some of the information contains candid discussions between Scottish Government officials and NHS Fife regarding the handling of a live Employment Tribunal. Disclosure would be likely to inhibit officials and NHS Board representatives from providing free and frank information and advice and from exchanging views openly in future, particularly in sensitive legal and reputational matters.

Section 30(c)
Some information has been withheld because its disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs. This includes internal assessments of reputational risk, forward-looking handling strategies, and planning around potential Tribunal outcomes. Releasing this material during ongoing proceedings could harm the ability of the Scottish Government to manage the situation effectively.

Section 36(1)
Some of the information relates to confidential legal advice provided by the Central Legal Office and Senior Counsel. Legal professional privilege ensures that public bodies can seek and receive legal advice in confidence. Releasing this material would breach that principle and undermine the quality of legal decision-making.

Section 38(1)(b)
Personal data (such as names and contact details of officials below the Senior Civil Service, and external third parties) has been withheld. Disclosing this would contravene data protection principles.

Public interest test
The exemptions in sections 30(b)(i), 30(b)(ii), 30(c), and 36(1) are subject to the public interest test.

We recognise that there is some public interest in disclosure, as it would contribute to transparency about how the Scottish Government and NHS Fife have managed a high-profile employment dispute.

However, this is outweighed by the public interest in protecting the confidentiality of legal advice, ensuring that Tribunal proceedings are not prejudiced, and preserving the space for candid and effective discussions between officials and NHS Boards. On balance, we have found that the public interest lies in favour of upholding the exemptions.

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 202500478722 - Information Released - Annex

File type

PDF

File size

575.7 kB