Documentation regarding Learning Disabilities, Autism and Neurodivergence (LDAN) Bill Committee: FOI release

Information requested

Under the Freedom of Information (Scotland) Act 2002 I request the following recorded information concerning the decision, communicated to the Learning Disabilities, Autism and Neurodivergence (LDAN) Bill Committee in September 2026, not to take forward the LDAN Bill:

1. Any documents setting out the programme of policy reform, service improvement, or targeted investment intended in place of the Bill, including any list of planned actions, timetables, or allocated funding.

2. Any assessment of the impact on people with learning disabilities and neurodivergent people of not proceeding with the Bill, including any equality impact assessment.

3. Any submissions to Ministers, created since 1 May 2026, concerning the decision not to introduce the Bill.

If the cost limit is engaged, please prioritise item 1, then 2, then 3, and provide what can be supplied within the limit. I am happy to discuss narrowing the request. I would prefer to receive the information by email.

Response

Thank you for your request for information about the decision not to proceed with the Learning Disabilities, Autism and Neurodivergence (LDAN) Bill.

We identified seven documents that fall within the scope of your request and copies are attached.

Some information has been redacted from the attached documents under the following provisions of FOISA:

• Section 29(1)(a) (formulation or development of Government policy), for information relating to advice, recommendations and options concerning the future development of Government policy and reform activity following the decision not to proceed with the LDAN Bill.
• Section 30(b)(ii) (free and frank exchange of views), for a limited amount of information relating to internal stakeholder assessments and engagement planning.
• Section 36(1) (confidentiality in legal proceedings), for information attracting legal professional privilege, including legal advice.
• Section 38(1)(b) (personal information), for personal information relating to officials and third parties.

Of the seven documents identified within scope of your request, six are released in full or in part. One document has been withheld under section 29(1)(a) of FOISA (formulation or development of Government policy) as it contains information relating to the development of future Government policy concerning Learning Disability and Neurodivergence reforms.

In applying the public interest test to the information withheld under sections 29(1)(a), 30(b)(ii) and 36(1), we recognised the public interest in openness and transparency regarding the decision not to proceed with the Bill and the actions being taken in its place. However, we concluded that this was outweighed by the public interest in protecting the space for policy development, maintaining candid internal discussion, and preserving the confidentiality of legal advice.

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 202600539240 - Information Released - Annex

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