Correspondence with East Lothian Council regarding Simply UK / Morar Care Homes: FOI release

Information requested

Please provide details of any information held by or communications with the Scottish Government relating to the exchange outlined below by East Lothian Council (FOI Ref: 2025/ELF27277). I am seeking copies of the initial correspondence and all subsequent correspondence around this matter. I'm also seeking any correspondence between Scot Gov teams and or departments which sought further information to inform responses, or to inform subsequent action or investigations, if any took place.

The text below came in response to an FOI request to the council regarding alleged financial misconduct by private care home operator Simply UK / Morar Living in relation to Harbour House and Tantallon House Care Homes.

"Between 29/04/2023 and 11/12/2023 we received 9 complaints or concerns relating to invoicing. Clients reported finding errors in invoicing and charging for Free Personal and Nursing Care (FPNC).

"We can confirm that the actions below were taken:

We contacted the Scottish Government in August 2023 to determine if there was any formal guidance to explain how care home providers should administer Free Personal and Nursing Care Payments.

While there was no formal guidance, the Scottish Government referred us to Competition and Marketing Authority guidance for care home providers and advised to point families to Trading Standards."

I understand that personal data may be redacted where appropriate, and I am content to receive redacted copies of documents where necessary.
If any part of this request is refused, please specify the exemption(s) relied upon and provide details of the Council’s internal review process. I would be happy to communicate with the team on adjusting the scope, if that would allow the request to be answered.

Response

I enclose a copy of some of the information you requested as an annex to this response.

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 an exemption under section 38(1)(b)(personal information) of FOISA applies to that information. The reasons why that exemption applies are explained below.

Section 38(1)(b) (personal information)

Some information has been redacted as it is personal data consisting of names and contact details of individuals which is exempt from disclosure under section 38(1)(b) (personal information).

Section 38(1)(b) can be applied when disclosure of the information requested would contravene the data protection principles in Article 5(1) of the GDPR. 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 202600503783 - Information released - Annex

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