National Elective Care Programme Gateway Review information: FOI release

Information requested

On 20 November 2025, the Scottish Government released a list of the Gateway Reviews completed in calendar years 2024 and 2025.

https://www.gov.scot/publications/foi-202500480983/

Please supply all items of information in the Gateway Review completed in 2025 on the 'National Elective Care Programme' which is named on this list.

In order to fulfil this request as cheaply and efficiently as possible, it is suggested that copies of original files are released in PDF format.

Response

I enclose a copy of most of the information you requested in the attached documents.

Please not that the name 'National Elective Care Programme’ was used for the initial 2019 Gateway Review of what would become the ‘National Treatment Centre Programme’ hence the discrepancy in naming conventions.

Document number	Document title
01	Gateway Review Report - National Treatment Centre Programme - Final 120525

An exemption applies, subject to the public interest Response to your request

Exemptions apply under sections s.29 (1) (a), s.30 (b)(i) & s.38(1) (b) of FOISA to some of the information you have requested. Further information can be found in Appendix A.

Appendix A

REASONS FOR NOT PROVIDING INFORMATION

An exemption applies, subject to the public interest test

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation of the Scottish Government’s policy on NHS recovery

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on the National treatment Centres Programme will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b)(i) – free and frank provision of advice

Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position. Disclosing the content of free and frank briefing material provided by boards relating to capital spending, construction and workforce will substantially inhibit such briefing in the future, particularly because discussions on the issue relate to a commercially sensitive and ongoing matter. 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 a private space within which officials can provide full and frank advice to Ministers as part of the process of exploring and refining the Government’s policy, until the Government as a whole can adopt a policy decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy 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 policy decision making process, which would not be in the public interest.

An exemption applies

Section 38(1)(b) – applicant has asked for personal data of a 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, i.e. 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.

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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 202500494955 - Information released - Documents

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