A public consultation is being launched on whether private and third sector providers of care homes and care at home services should be brought under Scotland’s Freedom of Information laws.
The move follows commitments made in the aftermath of the Covid pandemic, when ministers agreed to examine extending the Freedom of Information (Scotland) Act 2002 to cover care services.
Under the Act, the Scottish Government has the power to apply Freedom of Information obligations to organisations delivering functions considered to be of a public nature.
The consultation will seek views on whether care homes and care at home services meet that definition, and if so, whether and how the Government should extend Freedom of Information requirements to those providers.
It will also explore whether such services should only be covered where public funding is involved, whether services for children and young people should be included, and how any changes might affect organisations of different sizes across the sector.
The Government says the consultation is intended to gather views from people who rely on care services, their families, staff working in the sector, and provider organisations.
Minister for Parliamentary Business Graeme Dey said care services play a critical role in society.
“Care home and care at home services are of the utmost importance to people, including some of our most vulnerable citizens.
“There is a good argument that these services can be considered to be public functions, and that statutory Freedom of Information obligations should therefore be extended to private and third sector providers in this area.
“Doing so would put the same obligations on those providers to be open and transparent that we already place on public sector providers of similar services, such as local councils.”
Mr Dey said the consultation would be open and inclusive.
“We will publish a public consultation to gather the views of people who rely on these services for the care of themselves, their friends and family and the wider community.
“We also want to hear the views of people who work in and with the sector, and from provider organisations.”
He acknowledged the pressures currently facing social care providers.
“This government recognises the significant pressures that the social care sector is facing and to be effective, any future roll out of Freedom of Information will need to take place in partnership with the sector, taking this into account.
“I hope as many people as possible will engage with this consultation.”
The consultation is expected to inform future decisions on transparency, accountability and public confidence in Scotland’s care system.
