NHS Highland neurodevelopmental and mental health information: FOI release

Information requested

Please provide the following recorded information for the period 01 January 2024 – present:

1. All Ministerial briefings, submissions, updates, or reports provided to:

• The Cabinet Secretary for Health and Social Care
• The Minister for Public Health and Women’s Health
• The Minister for Children, Young People and Keeping the Promise

relating to:

• NHS Highland NDAS (Neurodevelopmental Assessment Service)
• CAMHS access criteria in NHS Highland
• NDAS waiting times
• NDAS triage delays
• CAMHS referrals being rejected or deferred due to “awaiting neurodevelopmental assessment”
• Any concerns escalated by NHS Highland to Scottish Government
• Any recorded risks, service failures, or redesign proposals relating to NDAS

2. Copies of any correspondence (email or briefing) between Scottish Government officials and NHS Highland discussing NDAS performance issues.

3. Any recorded information summarising national concerns raised with Scottish Government about NDAS or neurodevelopmental pathways in the Highland region.Personal information may be redacted as required.

Response

I enclose copies of the information we hold that falls within the scope of your request. However, 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 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views), 30(c) (prejudice to effective conduct of public affairs), and 38(1)(b) (personal information) of FOISA apply. The reasons why these exemptions apply are explained in the Annex A to this letter.

Annex A - Reasons for not providing information

Section 38(1)(b) – Personal Information

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 UK GDPR 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.

Section 30(b)(i) and (ii) – Free and Frank Advice and Exchange of Views

Exemptions under sections 30(b)(i) and 30(b)(ii) of FOISA (free and frank advice and 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 provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers and officials to have a private space within which to seek advice and views from officials before reaching a settled public position. Disclosing the content of free and frank briefing material on mental health service performance and NDAS redesign proposals will substantially inhibit such briefing in the future, particularly because these discussions relate to sensitive issues.

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 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 full and frank advice and views to Ministers and other Officials. 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.

Section 30(c) – Prejudice to 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 conduct sensitive engagement with NHS Boards and stakeholders on mental health service improvement and neurodevelopmental pathways because it would undermine trust and inhibit candid discussion. 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 engagement and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

Annex B – List of Documents Released

1. Neurodevelopmental Tests of Change – Final Reporting Template Highland
2. NHS Highland CAMHS Improvement Plan – October 2024
3. Ministerial Submission – ND Supports – Funding – December 2024
4. EMHOF Annex E Return – 2024
5. NHS Highland NDAS – April 2025
6. Submission on CAMHS and PT Waiting Times – Management Information – Official Sensitive
7. Submission on CAMHS and PT Waiting Times – Management Information – Q1 2024
8. Submission on CAMHS and PT Waiting Times – Management Information – Q2 2024
9. Submission on CAMHS and PT Waiting Times – Management Information – Q4 2024
10. Submission on CAMHS and PT Waiting Times – Management Information – Q1 2025
11. Submission on CAMHS and PT Waiting Times – Management Information – Q2 2025
12. Submission on CAMHS and PT Waiting Times – Management Information – Q3 2025

Annex C – List of Emails Released

1. NHS Highland – NDAs
2. Highland ND Pathways Update
3. ND Services Available – Letter to Health Boards
4. Update on ADHD – Highland Child ND Pathway
5. ADHD in Highland
6. ADHD Assessment in NHS Highland

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 202500495098 - Information released - Annex B and Annex C

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