The Scottish Government has opened a public consultation on proposals to extend freedom of information (FOI) legislation to private and third sector organisations delivering care home and “care at home” services.
The consultation, published on 5 January 2026, seeks views on whether FOI rights should apply to organisations that provide publicly funded social care but are not currently subject to the Freedom of Information (Scotland) Act 2002 (FOISA). At present, FOI rights apply only where services are delivered directly by local authorities or health boards.
According to the consultation document, extending FOI would give people “a legal right to access information from the organisations that provide these services, including information on the quality and standard of the services provided to vulnerable people”.
The Scottish Government notes that individuals receiving care, along with their carers and relatives, would gain a statutory right to request information about the services they rely on. Providers would also be required to proactively publish information about their work.
The consultation highlights that under the current system, “FOI rights apply to care services which are provided by local authorities or health boards, but not where these are provided by private or third sector (voluntary) organisations”.
The Scottish Information Commissioner has encouraged stakeholders to respond and has indicated that his own submission will support extending FOI coverage to these organisations.
The Consultation is open until 30 March 2026 and can be accessed from https://consult.gov.scot/communications-and-ministerial-support/extension-of-freedom-of-information-scotland-acts/
An 'Easy Read' version of the Scottish Government's consultation document is also available at:
https://www.gov.scot/publications/freedom-information-scotland-act-2002-foisa-care-home-care-home-services-consultation-easy-read-version/
