Non‑surgical Procedures and Functions of Medical Reviewers (Scotland) Bill (SP Bill 77) complication data: FOI release

Information requested

1. Please provide all internal briefings, reports, emails, slide decks and other documents held by the Scottish Government which discuss complication or adverse event data used to justify the Non‑surgical Procedures and Functions of Medical Reviewers (Scotland) Bill (SP Bill 77).
2. Please include material from 1 January 2018 to the date of this request.
3. Where any complication or adverse event figures are cited, please provide the original source, methodology and any accompanying explanation or caveats.

Response

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have all the information you have requested.

I enclose a copy of any sets of data that we do have, with information on the source. As the non-surgical procedures sector has to date been largely unregulated, it has not been possible to gather consistent or comprehensive data on complications, adverse events or deaths arising from procedures. We know from qualitative evidence from people working within, or accessing this industry, that complications happen, and that when they do occur people are seeking treatment both from the NHS and private healthcare providers.

NHS coding for treatment does not record the reason why someone has had to seek treatment, it just records the issue being treat. As such the type of data you are looking for is not available.

As I am sure you are aware there are regular media reports about complications and harm. This includes two deaths in England understood to be linked to this sector; one in 2024 and one in 2026 associated with individuals receiving non-surgical Brazilian Butt Lifts.

I also enclose documents relating to discussions about data in relation to development of SP Bill 77.

Some of the information we hold is available online, and I have provided links below in Annex A. 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(s) listed, then please contact me again and I will send you a paper copy.

Exemptions under sections 38(1) of FOISA (personal information) apply to some of the information you have requested. This applies for example to email addresses and to instances where individuals have been mentioned by name in documents. It also applies in some cases to the names of businesses where it is likely that individuals will be identifiable. 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.

Exemptions under section 30(b) of FOISA (information which would, or would be likely to, inhibit substantially the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation), also apply to some of the information. This exemption is subject to the 'public interest test'. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because the information relates to the development of legislation. However, this is outweighed by the public interest in enabling officials to provide Ministers with full advice which will allow them to make robust decisions.

Some of the information has been redacted because it is out of scope, for example where emails or reports deal with other issues which do not fall within the scope of the topic you have asked about.

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 202600508729 - Information Released - Annex A

File type

PDF

File size

2.5 MB

FOI 202600508729 - Information Released - Annex B

File type

Excel document

File size

38.0 kB