Correspondence regarding proposal and provision of late stage abortion: FOI release

Information requested

1. Copies of any recommendations, proposals, or outputs produced by the Task and Finish Group and submitted to the Scottish Government, National Services Division (NSD), or any other public authority, including but not limited to:

• The target operating model (TOM)
• Any executive summaries, briefing papers, slide decks, or written recommendations
• Any covering correspondence accompanying the submission of these materials.

2. Copies of any records held by the Scottish Government which describe:

• What information, documents, or recommendations from the Task and Finish Group have been received and considered by Ministers or officials
• Any decisions, actions, or next steps taken on the basis of that material.

Response

I enclose a copy of most of the information you requested.

Some of the information you have requested was released as part of FOI 202500449935, available here: FOI+202500449935+-+Information+released+-+Annex+B.pdf. 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 listed, then please contact me again and I will send you a paper copy.

The Scottish Government does not have some of the information you have asked for because the Task and Finish Group referenced in your request was established and led by NHS National Services Scotland (NSS), rather than the Scottish Government. As the Group operated as an NHS‑managed programme of work, the Scottish Government does not hold a complete set of its files, internal papers, or working documents. The Scottish Government only holds those materials that were formally shared with officials for the purposes of policy development or oversight. Accordingly, we do not hold all of the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Some information within the documents we are releasing has been redacted under section 29(1)(a) of the Freedom of Information (Scotland) Act 2002. This exemption covers information held for the purposes of the formulation or development of Scottish Government policy. The information requested forms part of ongoing policy work and includes material generated specifically to inform internal deliberations and support Ministers and officials in developing future policy options. As this exemption is subject to the public interest test, we have considered whether the public interest in disclosure utweighs the interest in maintaining the exemption. While we recognise that transparency supports effective public understanding of government decision‑making, on balance we conclude that the public interest is better served by ensuring that officials and Ministers can explore policy options fully and candidly before decisions are finalised.

Some information within the documents we are releasing has been redacted under section 30(b)(ii) of the Freedom of Information (Scotland) Act 2002. This exemption applies where disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of providing advice. Officials must be able to discuss policy options and provide candid advice as part of the decision‑making process. Releasing this information would be likely to reduce the freedom with which such views are expressed in future. As this exemption is subject to the public interest test, we have considered whether the public interest in disclosure outweighs the interest in maintaining the exemption. On balance, we have concluded that the public interest lies in upholding the exemption to protect the integrity of ongoing and future policy discussions.

Some information has been redacted under section 38(1)(b) of the Freedom of Information (Scotland) Act 2002. This exemption applies because the material constitutes personal data of  individuals other than the requester, and disclosure would contravene data protection principles set out in data protection legislation. Personal data must not be released where doing so would be unfair, unlawful, or unwarranted. As this exemption is not subject to the public interest test, we are required to withhold this information.

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 202600507213 - Information released - Annex

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