Data on care home residents: FOI release

Information requested

In the reply, it was stated that “it is not possible currently to arrive at shortfall figures, as the datasets involved (Care Home Census and FPNC uptake) cannot be directly reconciled.”

The residents in question are not statistical abstractions: they are identifiable individuals with National Insurance numbers, tax records, medical records, and ultimately birth and death certificates, all held by public bodies. It is therefore difficult to accept that it is “not possible” to calculate or estimate how many potentially eligible residents have not received FPNC since the policy’s introduction in 2002.

To illustrate, using the most recent data on 65+ care home residents:

• The Care Home Census (Public Health Scotland, 2024) records 31,209 residents. Of these, 64% (19,974) are publicly funded and therefore ineligible for FPNC. The remaining 36% (11,235) are self-funding and, by definition, eligible for FPNC.
• Scottish Government FPNC statistics report 28,210 ‘supported’ residents, of whom 10,900 were receiving FPNC.
• On a conservative basis, this leaves 335 residents who are eligible but somehow not receiving FPNC.
• In addition, there is a further disparity of 2,999 residents who appear in the Census (31,209) but are not included in the Scottish Government’s FPNC dataset (28,210). If these residents are also eligible, the total number of 65+ care home residents not receiving FPNC could be as high as 3,334 for the most recent year alone.

I would be grateful if you could clarify the following:

1. Does the Scottish Government confirm or dispute these estimates?

2. If disputed, does the Government hold any internal data or analysis supporting an alternative position?

3. If the position remains that “it is not possible” to arrive at shortfall figures, does this mean:
(a) it is considered not feasible given the data held, or
(b) such analysis has never been undertaken in over 20 years of operating this statutory entitlement?

To be clear, I am not asking for new data to be created or for original analysis to be performed on my behalf. I am simply seeking clarity: whether the Scottish Government holds any analysis of the FPNC shortfall, and if not, whether it accepts that no such work has been undertaken.

Response

You quoted the following statistics:

• “The Care Home Census (Public Health Scotland, 2024) records 31,209 residents. Of these, 64% (19,974) are publicly funded and therefore ineligible for FPNC. The remaining 36% (11,235) are self-funding and, by definition, eligible for FPNC.
• Scottish Government FPNC statistics report 28,210 ‘supported’ residents, of whom 10,900 were receiving FPNC.
• On a conservative basis, this leaves 335 residents who are eligible but somehow not receiving FPNC.”

1. Does the Scottish Government confirm or dispute these estimates?

As we explained in our response to your previous Freedom of Information request (ref no 202500478507), we cannot combine the data from the FPNC collection with the Care Home Census to give an accurate number of self-funders who are eligible but not receiving FPNC payments, so we cannot confirm the estimates noted in your question.

Your estimate might give a rough idea of self-funders not receiving FPNC payments, but not all selffunders are automatically eligible for these payments. Free personal and/or nursing care is only available to adults in Scotland who have been assessed by their local authority as needing these services. It’s not something that every self-funder in a care home automatically gets.

The Care Home Census doesn’t collect information about who is eligible for FPNC payments, so we can’t tell how many people who aren’t getting these payments are actually eligible. For example, some people might choose to live in a care home for social reasons, not because they need care.

2. If disputed, does the Government hold any internal data or analysis supporting an alternative position?

We do not hold data which would allow us to carry out analysis to accurately identify individual people not in receipt of FPNC payments but who have been assessed as eligible.

3. If the position remains that “it is not possible” to arrive at shortfall figures, does this mean:
(a) it is considered not feasible given the data held, or
(b) such analysis has never been undertaken in over 20 years of operating this statutory entitlement?

To be clear, I am not asking for new data to be created or for original analysis to be performed on my behalf. I am simply seeking clarity: whether the Scottish Government holds any analysis of the FPNC shortfall, and if not, whether it accepts that no such work has been undertaken.

3a) We do not consider it feasible given we don’t have the necessary information to carry out that analysis. Although other public bodies hold relevant information, we don’t have easy access to it.  Getting the data and linking it accurately and robustly would require a lot of time, resources, and legal input.

3b) This analysis has therefore not been undertaken by the SG.

We recognise the importance for individuals of receiving timely social care assessments for Free Personal and Nursing Care (FPNC), which is a statutory entitlement under the Community Care and Health (Scotland) Act 2002. Local authorities have a duty, under the Social Work (Scotland) Act 1968 and subsequent amendments, to assess people’s community care needs and to determine eligibility for services, including FPNC, within an appropriate time-frame.

We are also mindful of the wider pressures facing the social care sector — including workforce capacity and financial constraints — which may impact the ability of local authorities to deliver assessments and services as quickly as individuals require.

Scottish Ministers continue to engage with partners in local government and the wider social care sector to identify opportunities to address these issues, uphold the statutory duties, and ensure better outcomes for people across Scotland.

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