Correspondence regarding the reduction of NHS waiting times: FOI release

Information requested

1. Please provide me with a copy of the modelling and/or forecasts carried out by, or provided to, the Scottish Government regarding the commitment to reduce NHS waits of over a year by March 2026.

2. Please also provide me with a copy of any correspondence, including briefings and any attachments, provided to Ministers regarding the commitments to reduce on NHS waits of over a year, between the following dates:

a. 27 June 2022 – 7 July 2022
b. 23 September 2024 – 1 October 2024
c. 25 November 2024 – 5 December 2024
d. 19 May 2025 – 28 May 2025

Response

I enclose a copy of some of the information you requested.

As outlined in the holding response sent to you on Friday 10th October, the answer to your question 1. is in October 2023, the Scottish Government announced annual funding of £100 million which analysis showed would reduce inpatient and day-case waiting lists by an estimated 100,000 patients over three years. Please see the following press release - £100 million to reduce waiting times - gov.scot.
The most recent update on this for 2025/26 can be seen in the Scottish Budget here - Scottish Budget 2025 to 2026 - gov.scot.

Some of the information you have requested is available from Improving public services and NHS renewal: First Minister's speech - 27 January 2025 - gov.scot and Written question and answer: S6W-34287 | Scottish Parliament Website.

Under section s.25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 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.

The Scottish Government published an Operational Improvement Plan (OIP) in March which sets out the details of the funding announced as part of the Budget to reduce waiting lists and improve capacity, so no one is waiting more than a year for a new outpatient or inpatient/day case treatment by March 2026. The OIP can be found here - NHS Scotland operational improvement plan - gov.scot

I enclose a copy of most of the information you requested in Part 2.

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 s.30(b)(i) (free and frank provision of advice) and s.30(b)(ii) (free and frank exchange of views).

These exemptions are 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 some public interest in release because there is a demand for transparency in how the government operates. However, this is outweighed by the public interest in how the government operates at a higher level, not free and frank exchanges of views and advice between officials.

S.38(1)(b) of FOISA applies to some of the information you have requested to the protection of personal information of some people included in the documents you have requested.

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.

The reasons why these exemptions apply are explained in the Annex to this letter.

Annex

Reasons for not providing information

An exemption applies, subject to the public interest test

Exemptions under section 30(b)(i) (free and frank provision of advice) and section 30(b)(ii) of FOISA (free and frank exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. These exemptions recognise the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on NHS waiting times would substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions are still being taken.

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 allowing Ministers and officials a private space within which to explore and refine the Government’s position on NHS waiting times, until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable 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 and officials, which in turn will undermine the quality of the decision-making process, which would not be in the public interest.

An exemption applies

An exemption under Section 38(1)(b) (Third party data – Personal Information) applies to some of the information you have requested. This exemption is used to protect personal information of individuals who are not the requester. It ensures that private data about third parties is not disclosed without their consent. 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.

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 202500484740 - Information Released - Annex

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