5 January 2026
The Scottish Government has launched a consultation seeking views on whether freedom of information (FOI) law should be extended to cover private and third sector providers of care home and 'care at home' services in Scotland.
If FOI law was extended to cover these organisations, it 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.
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.
If FOI rights are extended to these organisations, those in receipt of care - along with their carers, relatives and others - would have a right to receive to information about the services provided. Organisations would also be required to publish information about their work.
We would urge anyone with a view on this issue to respond to the Scottish Government's consultation. The Commissioner will publish his own consultation response - which will support the proposal to extend FOI to these organisations - in due course.
The Scottish Government's consultation will remain open until 30 March 2026.
