Freedom of Information request re. consultation on Draft Mental Health Bill

Autism Rights made this Freedom of Information request to Scottish Government

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Scottish Government,

Dear Sir / Madam,
                 As I understand that it is possible for individuals and organisations to submit confidential responses to Scottish Government consultations, rather
than ones which are merely anonymous, I would like to know:-

1) The numbers of organisations who submitted `confidential` responses to the consultation on the Draft Mental Health Bill.
a) The numbers of organisations who submitted `confidential` responses in each of these categories:-
Health Boards
Local Authorities
National agencies
Professional Associations
Voluntary organisations - i) receiving funding from central or local government or health boards in the form of payment for service provision and/ or grants
ii) not in receipt of any public funding from central or local government or health boards

2) The numbers of individuals who submitted `confidential`
responses to the consultation on the Draft Mental Health Bill.
a)  Within that number, the numbers of employees or representatives who submitted `confidential` responses in each of these categories:-
Health Boards
Local Authorities
National agencies
Professional Associations
Voluntary organisations - i) receiving funding from central or local government or health boards in the form of payment for service provision and/ or grants
ii) not in receipt of any public funding from central or local government or health boards

I look forward to receiving your reply.

Fiona Sinclair
Autism Rights
www.autismrights.org.uk

Scottish Government

1 Attachment

Dear Ms Sinclair
 
Please find attached a letter in response to your recent Freedom of
Information request regarding the number of confidential responses
submitted to the “Consultation on proposals for a draft Mental Health
(Scotland) Bill”  document.
 
Kind regards
 
Mehboob Ahmad
Mental Health Law Team
Protection of Rights & Mental Health Division
Room 3ER, St Andrew's House
Regent Road
Edinburgh
EH1 3DG
 
0131 244 1822
 
 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Scottish Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Freedom of Information request re. consultation on Draft Mental Health Bill'.

Although the Scottish Government has answered the first part of my FOI request to my satisfaction, its interpretation of the second part is incorrect. This is what I actually asked for:-

 2) The numbers of individuals who submitted `confidential`responses to the consultation on the Draft Mental Health Bill.
 a)  Within that number, the numbers of employees or representatives who submitted `confidential` responses in each of these categories:-
 Health Boards
 Local Authorities
 National agencies
 Professional Associations
 Voluntary organisations - i) receiving funding from central or local government or health boards in the form of payment for service provision and/ or grants
 ii) not in receipt of any public funding from central or local government or health boards
 
The funding issue is covered by each of the categories I gave, so refers to voluntary organisations only, which is why this category was placed at the end, with its 2 sub-categories.

I accept that the Scottish Government may not know if individuals are members of the above categories, but I would like you to answer this question in any case.

In addition, I would like to know if any of the 7 people making a `confidential` response to the government's consultation on the Draft Mental Health Bill is a current or former employee or representative of a private company in the healthcare sector, such as a pharmaceutical company, or a company which provides public affairs / relations / political lobbying for such a company.

I hope that the precise terms of my request are now clear, and look forward to your reply.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/f...

Yours faithfully,

Fiona Sinclair

Autism Rights

Scottish Government

4 Attachments

 
Gordon Lomax
Policy Manager I Quality and Person-Centred Care I The Quality Unit I
Directorate for Health and Social Care I GER I The Scottish Government I
St Andrews House I Regent Road I Edinburgh I EH1 3DG I Telephone 0131 244
4049  I [mobile number] I  e-mail: [1][email address]
             In 2014 Scotland Welcomes the World
                        To find out more click here
[2][IMG] [3][IMG] [4][IMG]
 
 
 

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References

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1. mailto:[email address]
2. http://www.legacy2014.co.uk/
3. http://www.homecomingscotland.com/
4. http://www.rydercup2014.com/

Dear Scottish Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Freedom of Information request re. consultation on Draft Mental Health Bill'.

I am concerned that there is a discrepancy between the original figure given to me for those individuals who made confidential responses to the consultation on the Draft Mental Health Bill and the one that I am being given in Gordon Lomax's reply of 1st July. Mr Lomax's reply now states that there were 22 of these responses, whereas the original reply from Mr. Mehboob gave 7 as the number of individual confidential responses, which is also the number given in the Scottish Government's analysis of the consultation responses.

I would be grateful for an explanation of this discrepancy.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/f...

Yours faithfully,

Autism Rights

Scottish Government

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Dear Ms Sinclair,
 
Thank you for your e-mail of 24 July 2014 regarding the Scottish
Government’s review of your Freedom of Information request. 
 
You asked: “The numbers of individuals who submitted confidential
responses to the consultation on the Draft Mental Health Bill (Scotland).”

* Within that number, the numbers of employees or representatives who
submitted confidential responses in each of these categories: Health
Boards, Local Authorities, National Agencies, Professional
Associations and Voluntary Organisations.
* i) Receiving funding from central or local government or health boards
in the form of payment for service provision and/or grants
* ii) Not in receipt of any public funding from central or local
government or health boards.

 
You have now asked for an explanation of the discrepancy.
 
On conclusion of my review, there were 22 confidential responses as
advised to you in my review letter and not 7.  This was due to an
administrative error when the original request was undertaken.
 
I hope that this information has been helpful and thank you for taking the
time to write
 
Regards 
 
 
Gordon Lomax
Policy Manager I Quality and Person-Centred Care I The Quality Unit I
Directorate for Health and Social Care I GER I The Scottish Government I
St Andrews House I Regent Road I Edinburgh I EH1 3DG I Telephone 0131 244
4049  I [mobile number] I  e-mail: [1][email address]
             In 2014 Scotland Welcomes the World
                        To find out more click here
[2][IMG] [3][IMG] [4][IMG]
 
 
 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]
2. http://www.legacy2014.co.uk/
3. http://www.homecomingscotland.com/
4. http://www.rydercup2014.com/

Autism Rights left an annotation ()

The Scottish Government have subsequently sent me an email, which gives a `correction` to their last reply to me via WhatDoTheyKnow. I've copied and pasted the text below of my email to the Scottish Information Commissioner, asking her office to look into this :-

appeal re. Mental Health Bill consultation FOI

Hi,
I made a Freedom of Information request to the Scottish Government regarding their consultation on the Mental Health Bill. The correspondence is publicly available at this weblink:-

https://www.whatdotheyknow.com/request/f...

Part of my FOI concerned the numbers of confidential responses that the
government had received. I was first told this was 7 and then later that it was 22 - I am now being told, in this latest `correction`, which is forwarded with this email, that it was really was 7 but actually only really 1.

This is either absolute incompetence or a deliberate muddying of the waters - the civil servants don't even seem to have consistent definitions of `anonymous` and `confidential`.

Whilst it is obvious that lobbyists have ways of influencing government,
other than by submitting responses to government consultations, I do want to find out the types of individuals and organisations that submit confidential responses. This line of enquiry is especially important for the accountability of a system that has the legal power to deprive people of their liberty while also forcing them to take powerful and toxic drugs.

Please note that I am adding the text of this latest correspondence to the
WhatDoTheyKnow webpage for this FOI, as I want to collate all of this
correspondence in this location.

I would like the Commissioner's office to note my complaint about the Scottish Government's handling of this FOI and to note that this is the second time I have contacted the Commissioner's office about the failure of official bodies to collate and publish statistics that relate to the mental health system. The first complaint was in relation to the Mental Welfare Commission's failure to publish statistics for the numbers of deaths of people who are subject to the Mental Health Act each year in Scotland.

I hope that the Scottish Information Commissioner's office will look again at the need to ensure publication schemes for the Scottish Government, Scottish NHS and Mental Welfare Commission that provide the statistics that are needed as basic measures of human rights compliance within the Scottish mental health system.

I look forward to receiving your reply.

Yours sincerely,

Fiona Sinclair
Autism Rights
www.autismrights.org.uk

---------- Forwarded Message ----------

Subject: Reply from the Scottish Government
Date: Monday 13 Oct 2014, 12:37:51
From: MehboobShamoon.Ahmad@scotland.gsi.gov.uk
To: fiona@autismrights.org.uk

Dear Ms Sinclair

Please find a letter with regard to your Freedom of Information request
relating to the publication "Consultation on proposals for a Mental Health (Scotland) Bill."

Regards

Mehboob Ahmad
Protection of Rights & Mental Health Division
Room 3ER, St Andrew's House
Regent Road
Edinburgh
EH1 3DG

0131 244 1822
TEXT OF ATTACHED FILE
Health and Social Care Integration Directorate
Mental Health and Protection of Rights Division
T: 0131-244 1822 F: 0131-244 5076
E: mehboob.ahmad@scotland.gsi.gov.uk
Fiona Sinclair

Autism Rights
By email: fiona@autismrights.org.uk
___ Our ref: FOI 14/0933
13 October 2014
Dear Ms Sinclair
I am writing with regard to recent correspondence relating to the number of confidential responses received by the Scottish Government in connection with its “Consultation on proposals for a Mental Health (Scotland) Bill.” I am afraid I have to tell you that the information contained in Gordon Lomax’s email of 4 August – i.e. that there were 22
confidential responses - is incorrect. I am very sorry that a further error has been made in providing you with the information you sought.
An “Analysis of Responses” was published on the Scottish Government website. Table 1 within this document shows that seven respondents asked for their response to be treated as “anonymous or confidential”. As outlined at paragraph 5 of the analysis document “1 respondent requested that neither their name nor their response be published on the
Scottish Government website”- i.e. their response was to be treated as confidential. The answer to your question is therefore one response was treated as a confidential response and this respondent receives no funding from the Scottish Government.

Yours sincerely
Mehboob Ahmad
Mental Health Law Team
St Andrew’s House, Regent Road, Edinburgh EH1 3DG
www.scotland.gov.uk