Discussions and community considerations regarding enhance care’s Townend Care Home, Symington (Ayrshire): FOI release

Information requested

1. Care Homes situated within a private estate with other private home owners where all gardens meet with no boundary fences - would you say this is an acceptable location ?

2. Care Home situated in a private estate with no street lighting with Teenagers and Pensioners living adjacent to the care home and need to walk around with torches through the winter - is this the correct location for a Drug and Alcohol Facility set within a private estate and conservation village?

​​​​​​​3. What Risk assessments do you carryout when assessing the suitability of the Care Home and its surroundings within the community and environment?

​​​​​​​4. What Category and type of offender can be relocated to these type of care homes - ie not 1 -2 -3 etc are they Violent - Sex Offenders - Theft - GBH etc ?

​​​​​​​5. If Sex offenders are relocated how is the risk assessed within a private estate with other home owners within the same development - ie front gardens meet the garden of the Care Home and within 20m of it Drug and Alcohol facilities have a high failure rate how is that assess to whether the Care Home is successful and not a drain on Public Finances?

6. What discussions have you had with Enhance Care for their Care Home in Symington Ayrshire a Conservation Village with no crime at present for the suitability of this type of care?

7. Have you visited Townend Care Home to look at the surroundings and the Risk issues it brings to immediate residents and that the village is against this opening?

8. What agreement is in place to start taking Prison to Rehab to Townend Care Home Symington Ayrshire in January 2026 or there after? do you take the consideration off the village into your consideration as this will be a negative effect to this area as no-one wants this facility within the village.

Response

In response to your first question (above), this is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested. This is because the Scottish Government does not determine or propose the locations of residential rehabilitation services. Decisions about site suitability are made by service providers in line with local planning regulations and licensing requirements.

In response to your second question (above), this is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested. This is because the Scottish Government does not determine or propose the locations of residential rehabilitation services. Decisions about site suitability are made by service providers in line with local planning regulations and licensing requirements.

In response to your third question (above), this is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested. This is because the Scottish Government does not carry out risk assessments for residential rehabilitation facilities, as this responsibility would lie with the local planning authority or the service itself as part of their general assessments.

In response to your fourth question (above), this is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested. This is because the Scottish Government is not responsible for determining which category of offender can access these services. Each residential rehabilitation provider sets its own criteria for who can access their service.

In response to your fifth question (above), if the person is a registered sex offender and being managed under MAPPA an environmental risk assessment is undertaken on the property and surrounding area to assess its suitability. The process is outlined in the National Accommodation Strategy for Sex Offenders, which is available online at: Supporting documents - National Accommodation Strategy for Sex Offenders in Scotland - gov.scot. Therefore, under section 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.

In response to your sixth question (above), an email trail with Enhance Care regarding Townend Care Home can be found in Annex A. An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie 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.

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of Enhanced Care.

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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into, Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

In response to your seventh question (above), this is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold the information you have requested. This is because the Scottish Government’s Drugs Policy Division has not visited Townend Care Home.

In response to your eighth questions (above), there is an agreement in place for Townend Care to be added to the Prisons to Rehab Protocol.

However, outwith your initial request outlined above and under section 15(1) (FOISA) (Duty to provide Advice and Assistance) it may be helpful if I provide some additional information regarding your concerns about the proposed redevelopment of a care home for adults in Symington, South Ayrshire into a residential rehabilitation facility for individuals recovering from substance use.

The Scottish Government does not directly commission or operate residential rehabilitation facilities. Private providers will undertake their own processes for decision making. However, services must be registered with the relevant regulatory body such as the Care Inspectorate, Healthcare Improvement Scotland or the NHS.

Residential rehabilitation services can play a vital role in supporting people to recover from substance use. For many, access to safe and structured support is a crucial first step towards change. Having an open and supportive community can also strengthen recovery journeys. When communities embrace these services and challenge the stigma which is often directed at individuals who are taking challenging steps to recover, they can encourage people to access the support that they need and have the best chance to thrive in their communities.

It is the Scottish Government’s stated aim that residential rehabilitation should be available for everyone who wants it – and for whom it is considered to be clinically appropriate - at the time when they ask for it, in every part of the country.

The Prison to Rehab pathway allows individuals with problem substance use to access residential rehabilitation immediately on release from prison. It supports individuals to continue their recovery at a time when community support and connection with others in recovery can be challenging.

The pathway provides a clear and supportive route for those who have shown a strong motivation to become substance free while in custody. It is important to note that the pathway is not intended to be used as an alternative to custody. You can read more about the pathway here.

While the Prison to Rehab pathway plays an important role, it represents only a small proportion of the wider cohort of people receiving care through residential rehabilitation services across Scotland. As such it can be expected that this will be one of many pathways into treatment at Townend, alongside more traditional routes such as self-referral and statutory funded placements, and the resident population is unlikely to be solely comprised of those on the P2R pathway.

In terms of planning for the proposed development, responsibility for day-to-day land use planning matters rests with the relevant planning authority, in this case South Ayrshire Council, who are best placed to interpret and implement relevant planning legislation, policies and guidance as appropriate, given the circumstances in each case and to ensure that the provisions of the planning system are applied properly within their area.

Whilst the Scottish Government acknowledges your concerns regarding this matter, any decision as to whether a particular proposal requires planning permission is a matter of judgement for the relevant planning authority. If you have concerns regarding the development, you may wish to consider contacting South Ayrshire Council, who will be able to provide you with more assistance.

I hope this additional information is helpful.

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 202500492061 - Information Released - Annex A

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