Publication - FOI/EIR release

Information regarding incidents of people returning to Scotland having had surgery in another country (outside the UK) then developing complications or dying: FOI release

Published: 7 December 2023
Directorate: Healthcare Quality and Improvement Directorate
Part of: Public sector
FOI reference: 202200330385
Date received: 16 November 2022
Date responded: 11 January 2023

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

All information (eg, internal correspondence, memos, bulletins, correspondence with partner agencies) from the past two years about incidents of people returning to Scotland having had surgery in another country (outside the UK) then developing complications or dying, potentially as a result of the surgery.

You also asked that if any figures (ad hoc statistics or otherwise) are available on numbers of incidents and outcomes (eg, fatalities) we provide these with any breakdowns available by type of surgery, outcome (eg, complications, death), which country the person had surgery in, and which health board area they are from in Scotland.

Response

I enclose a copy of the following:

Annex A - Documents relating to your request
SBAR prepared for a Short Life Working Group, dated 3.11.22
Scottish Public Services Ombudsman (SPSO) letter dated 15.3.22

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 S.30(b)(ii) (free and frank exchange of views) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Section 38(1)(b) of FOISA

An exemption under section 38(1)(b) of FOISA (personal information) applies to some the information you have requested because it is personal data of third parties, e.g. names/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. Exemptions under section 38(1)(b) have been simply marked as '[REDACTED]' throughout Annex A and the SBAR. These redactions have been blacked out in the SPSO letter.

Section 30(b)(ii) of FOISA

An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on people returning to Scotland with complications following privately funded surgical procedures abroad will substantially inhibit such discussions in the future, particularly because these discussions are still ongoing and decisions have not been taken and these discussions relate to a sensitive or controversial issue.

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 some 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 Ministers and officials a private space within which to explore and refine the Government's position on people returning to Scotland with complications following privately funded surgical procedures abroad, until the Government as a whole can adopt a position that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered so that good 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 decision making process, which would not be in the public interest. Exemptions under section 30(b)(ii) have been marked as such in Documents 1 and 4 in Annex A.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.