Freedom of Information (FOI)

The Act

The Freedom of Information (Scotland) Act 2002 came into force on 1 January 2005. This means that anyone who requests non-personal information held by the State Hospital, subject to certain conditions and exemptions, is entitled to receive it.

You do not have to live in Scotland to make a request but all requests must be made in writing.

By law, we must respond to requests within 20 working days but we can ask for more details in order to identify the information requested. Whilst we strive to provide all information requested, there are exemptions that can be used to withhold certain types of information from publication, such as personal information, commensally sensitive information and information that could be used to compromise the safe and secure operation of the hospital. We are required to:

• Share information proactively, internally and externally.
• Respond quickly and positively to requests for information.
• Keep good quality records of what we do and say.
• Justify clearly the cases where we need to refuse information.
• Provide advice and assistance to enquirers looking for information.
• Supply information held by us no matter how old it is.
• Charge a fee (if applicable) in accordance with fee regulations which have been prepared by the Scottish Government.

State Hospital Publication Scheme

As part of FOI, we have to make readily available to the general public a significant amount of routinely published information. Details of this information can be found within the State Hospital’s Publication Scheme – every Board in NHSScotland has a scheme. We strive to publish as much information as possible so that we have fewer individual requests to deal with.

Within the Publication Scheme the information is organised into a series of nine Classes for easy reference. However, for easy access, the documents can be found within the relevant sections of the website. This means that all information related to the one topic can now be found in the one place.

The material available through this Publication Scheme is subject to the Board’s copyright unless otherwise indicated. Unless expressly indicated on the material to the contrary, it may be reproduced free of charge in any format or medium, provided it is reproduced accurately and not used in a misleading manner.

Where any of the copyright items in this Scheme are being re-published or copied to others, please identify the source of the material and acknowledge the copyright status. Permission to reproduce material does not extend to any material accessed through the Publication Scheme that is the copyright of third parties. Please obtain authorisation to reproduce such material from the copyright holders concerned.

Making a Request

Requests for information must be made in writing, and must state a name and contact details for the enquirer in addition to describing what information is required. Any enquiries should be sent to the Hospital as follows:

• By email – TSH.FOI-Mailbox@nhs.scot
• By post – FOI Requests, Information Governance, Harris Building, State Hospital, Carstairs, Lanark ML11 8RP

During the course of managing a Freedom of Information request the State Hospital will collect, store and process personal information provided to us by you. Read our FOI Privacy Notice which explains how we do this.

Statistical Reports / Overview of Requests Received

Statistical Report on FOI Enquiries received per financial year:

FOI and Environmental Regulations

The Environmental Information (Scotland) Regulations 2004 (EIRs) also came into force on 1 January 2005 enabling the public the right to ask for information which ‘relates to the environment’ and which was held by a ‘relevant person’. In 1998, the UK signed the Aarhus Convention from which an EU Directive was derived. The EIRs ensure that Scotland complies with the Convention and the Directive. There are separate regulations for the rest of the United Kingdom. A request for environmental information can be made orally and does not have to be in writing. Check out the Scottish Government’s Section 60 Code of Practice.

Further guidance in relation to dealing with requests for environmental information and the relationship between EIRs and the FOI Act is available on the Information Commissioner’s Website – It’s Public Knowledge.

Any enquiries should be sent to the Hospital as follows:

• By email – TSH.FOI-Mailbox@nhs.scot
• By post – FOI Requests, Information Governance, Harris Building, State Hospital, Carstairs, Lanark ML11 8RP

Information on the Exercise of Public Functions

Sections 31 and 32 of the Public Services Reform (Scotland) Act 2010 impose duties to publish information on expenditure and certain other matters as soon as is reasonably practicable after the end of each financial year in connection with:

• Public relations.
• Overseas travel.
• Hospitality and entertainment.
• External consultancy.
• Payments with a value in excess of £25,000 (not including remuneration).
• The number of members or employees (if any) who received remuneration in excess of £150,000.

The State Hospital will publish this information annually with the exception of payments with a value in excess of £25,000 which will be published quarterly.

Additionally, information must be published on steps taken to:

• Promote sustainable economic growth.
• Improve efficiency, effectiveness and economy.

Public Records (Scotland) Act 2011

Under the Act, there is a requirement to publish a Records Management Plan (RMP). Current work focuses on developing an Information Asset Register and staff training.