Extension of Freedom of Information in (Scotland) Acts 2002 (FOISA) to private and third sector providers of care home and ‘care at home’ services
Overview
The Freedom of Information (Scotland) Act 2002 (FOISA) gives people important rights to ask for and receive information from government and public services in Scotland. In doing so it places clear obligations on Scottish public authorities to provide people with information about their work.
Through this consultation, the Scottish Government is seeking views on whether these rights and obligations should, where possible, be extended to private and third sector (i.e. voluntary and not-for-profit) providers of care home and ‘care at home’ services. These services play a vital role in supporting some of Scotland’s most vulnerable citizens.
Currently, FOISA applies to public authorities with a role in arranging or providing care services, such as local authorities and NHS Boards, but not to private or voluntary organisations delivering social care. This consultation explores whether extending FOISA obligations to these providers would improve transparency and accountability. It also seeks views on the best approach to any extension of FOISA to ensure that this does not create an excessive burden on providers.
We want to hear from:
People who use, or have used care services, their families, and communities.
Care providers, current and previous staff, and those who work with the sector.
Stakeholders and advocacy groups with an interest in transparency and FOI
Members of the wider public
Your views will help shape decisions on whether, when, and how FOI law should be extended.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Alternative versions of this consultation
Please see link to the Easy Read version of this consultation.
The consultation is also available in British Sign Language and as an audio recording.
Consultation questions
Please click 'Begin consultation' at the bottom of this page to proceed.
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.
You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
Responses to the consultation will inform our assessment of whether and when care home and ‘care at home’ services can be considered to be providing public functions. Subject to the outcomes of that assessment it will also inform our decisions on whether, and in what fashion, to exercise the Scottish Government’s power to extend FOISA to private and third sector providers of such services.
This consultation gives you an opportunity to have your say.
Give us your views
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