Delayed NHS Discharges material: FOI release

Information requested

"On the BBC "Debate Night" programme of 11th June 2025 the minister Maree Todd stated:

"If I look at things like Delayed Discharges we have significantly lower levels of Delayed Discharges in Scotland than in the Rest of the UK.... the numbers are significantly lower than they are in England and in Wales"

1) Please can you forward links to the two datasets used and the specific calculation Ms Maree Todd used for each of the two home nations, England and Scotland, to arrive at her conclusion above.

2) Please forward all information held from 11th June to 13th August 2025 inclusive between the government and the UK statistics authority on or related to this matter

3) Please forward all information held on internal discussions within and between government officials and ministers for the same time period on or related to this matter."

Response

For the first question, information relating to delayed discharge in Scotland, England and Wales is in the public domain. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. In order to be helpful, you can find published information on delayed discharges in Scotland, England and Wales at the following links:

• Public Health Scotland publishes Official Statistics on delayed discharges in NHS Scotland.

Please note this publication states that: The figures in this publication are not directly comparable with other UK countries. This is due to differences in definitions and data reporting.

• NHS England publishes an Acute Discharge Situation Report containing management information on delayed discharges from acute settings within NHS England.
• StatWales publishes experimental statistics on Pathway of Care Delays within NHS Wales.

If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

You asked for the specific calculation Ms Todd used to arrive at her conclusion. We do not hold the information requested about the specific calculation used in this instance. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

For the second question 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 because exemptions under sections 38(1)(b)- personal data relating to third party; 30 (b)(i) - Free and frank provision of advice; 30(b)(ii) - Free and frank exchange of views; and 30(c)- otherwise prejudice effective conduct of public affairs, of FOISA apply to some of the information in this document. The reasons why these exemptions apply are explained below.

For the third question 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 because exemptions under sections 38(1)(b)- personal data relating to third party, 30 (b)(i) - Free and frank provision of advice, 30(b)(ii) - Free and frank exchange of view and 30(c)- otherwise prejudice effective conduct of public affairs, of FOISA apply to some of the information in these documents. The reasons why these exemptions apply are explained below.

38(1)(b)- Personal data relating to third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, for example: names, contact details and working patterns 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.

30(c)- Otherwise prejudice effective conduct of public affairs

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to help ministers interpret advice. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the process of ministerial interpretation of advice and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

30 (b)(i) - Free and frank provision of advice, 30(b)(ii) - Free and frank exchange of view

An exemption under section 30(b)(i) (free and frank advice) and 30(b)(ii) free and frank exchange of views of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final lines are used. Disclosing the content of free and frank briefing material on comparative delayed discharge statistics will substantially inhibit such briefing in the future.

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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 allowing a private space within which officials can provide free and frank advice and views to Ministers in lines to take. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

17(1) – Information not held

An exemption under section 17(1) of FOISA (information not held) applies to some of the information requested because the Scottish Government does not hold the information you requested. This exemption is not subject to the ‘public interest test’.

25(1) – Information otherwise accessible

An exemption under section 25(1) of FOISA (information otherwise accessible) applies to some of the information requested because is already reasonably accessible in the public domain. 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.

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FOI 202500480158 - Information Released - Documents

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