Scottish Government Consults on Freedom of Information Extension for Care Providers

Private and third sector providers of residential care and home care services could soon face the same Freedom of Information obligations as their public sector counterparts, under proposals being put forward by the Scottish Government.

A public consultation, set to launch on 5 January 2026, will seek views on extending the Freedom of Information (Scotland) Act 2002 (FOISA) to cover care home and domiciliary care providers. The move follows a commitment made by ministers in the wake of the Covid-19 pandemic to examine transparency arrangements across the social care sector.

The consultation will explore whether these services can be considered “functions of a public nature” under the Act, which would enable the Scottish Government to bring them within the scope of FOI provisions. If implemented, the change would place statutory obligations on private and third sector providers to respond to information requests in the same way local authorities and other public bodies currently must.

Sector-wide implications

The consultation will address several key questions, including whether FOI obligations should apply only to services receiving public funding, whether provisions should extend to services for children and young people, and how organisations of varying sizes might be affected by such regulatory changes.

Graeme Dey, Minister for Parliamentary Business, emphasised the importance of care services to Scotland’s most vulnerable citizens. “There is a good argument that these services can be considered to be public functions, and that statutory FOI obligations should therefore be extended to private and third sector providers in this area,” he said.

Mr Dey added that extending FOISA would create parity with public sector providers, ensuring consistent standards of openness and transparency across all care provision, regardless of operator type.

Collaborative approach

Recognising the significant pressures currently facing the social care sector, the minister stressed that any future implementation would need to be undertaken in partnership with providers. “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,” Mr Dey said.

A Consultation Advisory Group, comprising representatives from the care sector, trade unions and individuals with direct experience of care services, has been working with the Government since February 2025 to shape the consultation approach.

The Scottish Government has previously extended FOI rights to sectors not covered by the original 2002 legislation. Most notably, Registered Social Landlords were brought within scope in 2019, reflecting recognition of the significant impact their services have on residents’ lives.

Stakeholder engagement

The Government is encouraging broad participation in the consultation process, seeking input from service users, their families and friends, care professionals, sector representatives and provider organisations.

The consultation will run for 12 weeks, closing on 30 March 2026. Responses will inform whether and how the Government exercises its powers to extend FOISA provisions to care services.

Further details on how to participate in the consultation will be available when it opens in January on the Scottish Government’s consultation portal.