Info Gov

NHS Forth Valley has brought its freedom of information performance from near-total non-compliance to near-total compliance following a Level 3 intervention by the Scottish Information Commissioner, with the Commissioner confirming closure of the intervention on 25 June 2026.

The intervention had been escalated to Level 3 - the second highest level in the Commissioner's intervention procedures - following a sustained period of poor performance in meeting the statutory timeframes for responding to FOI requests and reviews.

At its lowest point, NHS Forth Valley was responding to fewer than 30% of all FOI requests and less than 20% of all FOI reviews within the 20-working day statutory timeframe required under the Freedom of Information (Scotland) Act 2002.

David Hamilton, Scottish Information Commissioner, attributed the turnaround to a combination of factors. "Through a combination of positive collaboration with my office, investment in resource, heightened prominence of FOI throughout the organisation alongside the hard work and dedication of NHS Forth Valley's Information Governance Team, the latest monthly figures show NHS Forth Valley responding to 94% of all requests and 100% of FOI reviews on time," Hamilton said. He described the improvement as reflecting not only a commitment to statutory compliance but a sustainable cultural shift towards greater transparency.

Ross McGuffie, Chief Executive of NHS Forth Valley, said the closure of the intervention reflected the hard work and commitment of staff across the organisation over recent months, and confirmed a commitment to maintaining and building on those improvements.

The Scottish Information Commissioner's intervention framework operates across four levels, with Level 3 reserved for authorities showing persistent failure after earlier engagement has not produced the required improvement. Intervention at this level typically involves close working between the Commissioner's team and the authority, with progress monitored against agreed milestones. The closure of an intervention does not preclude future escalation if performance deteriorates.

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