Correspondence and documentation regarding waiting list statistic: FOI release

Information requested

Any correspondence from the Health Directorate and Ministers, Ministerial offices, or Special Advisers with Public Health Scotland on the topic of the claimed statistic that one in six Scots are on waiting lists and any subsequent correspondence or ministerial submissions, agendas, meeting minutes or handouts on the topic of the work by Public Health Scotland which resulted in their blog post claiming the correct statistic is one in nine Scots.

The request has been treated as two questions.

• For the first part of the question “The question relates to any correspondence from the Health Directorate and Ministers, Ministerial offices, or Special Advisers with Public Health Scotland on the topic of the claimed statistic that one in six Scots are on waiting lists”, the Scottish Government does not hold any information.
• For the second part of the question “any subsequent correspondence or ministerial submissions, agendas, meeting minutes or handouts on the topic of the work by Public Health Scotland which resulted in their blog post claiming the correct statistic is one in nine Scots” a number of documents have been included for release.

Response

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

The Scottish Government does not recognise the 1 in 6 figure claim made by external parties as this is not evidenced through the data – i.e. PHS’s Stage of treatment , where the publications mention 1 in 9.

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) and 38(1)(b) (personal information) of FOISA apply to that information.

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

Document number	Document Title
01	Cab Sec Briefing - Waiting Times - September 2024
02	Cab Sec Briefing - Waiting Times – March 2025
03	Cab Sec Briefing - Waiting Times – June 2025
04	Cab Sec Briefing - Waiting Times – September 2025
05	Cab Sec Briefing - Waiting Times – October 2025
06	Collated Email Chains – follow up
07	Planned Care Q&A
08	Collated Email Chains - Wednesday 11 June
09	Collated Email Chains - Wednesday 11 June

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Section 30(b)(i) – free and frank provision of advice
An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the Scottish Governments decision to accept a policy recommendation will substantially inhibit the provision of such advice in the future, particularly because the Scottish Government expects to conduct further reviews of waiting times standards in the future.

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 position on waiting times standards until the Government as a whole can adopt a policy 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 making process, which would not be in the public interest.

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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FOI 202500495492 - Information released - Documents

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