In its response Scottish Government has committed to:

- Develop and set out a clearer, more structured and consistent approach to the future use of the section 5 power.

-Consult on extension of FOISA to private and third sector providers of care home and 'care at home' services, following passage of the National Care Service Bill.

- Undertake a comprehensive review of Schedule 1 of FOISA, using the section 4 power to make appropriate updates to entities listed

-Identify and consider the FOISA status of companies wholly-owned by a combination of the Scottish Ministers and other Scottish public authorities.

- In consultation with the Scottish Information Commissioner, revise the Section 60 Code of Practice to provide updated gudiance on:

  • Handling of requests about services delivered by outsourcing partners
  • Use of non-corporate platforms, and other developments in IT
  • Seeking clarification
  • Making the relationship between FOISA and the EIRs clearer for requesters

The most significant proposals to our sector appear to be those relating to care services and the revisions to the Section 60 Code.  SFHA will provide further updates and analysis on these proposals as timescales become clearer, and undertake a review of its existing FOI guidance to reflect any necessary changes.

If you have any queries regarding the Scottish Government response, please contact Alan Stokes, Policy Lead.