Health and Social Care Partnership - FOISA & EIR
How to obtain information
The Freedom of Information (Scotland) Act 2002 (FOI) aims to increase openness and accountability by ensuring people can access information held by Scottish public authorities – including the Dumfries and Galloway Health and Social Care Partnership.
People have the right to access all types of recorded information and, apart from certain specific exemptions, authorities and their staff must comply with these requests.
Every type of recorded information held by the Integration Joint Board/Health and Social Care Partnership since its formation on 1 April 2015 is covered by the Act. Enquirers do not have to give a reason for asking for the information.
About the Integration Joint Board
The key functions of the Integration Joint Board in relation to the provision of community based health and social care services are to:
- prepare a Strategic Plan for Integrated Functions that is in accordance with National and Local Outcomes and Integration Principles as defined in the Public Bodies (Joint Working) (Scotland) Act 2014
- allocate the Integrated Budget in accordance with the Strategic Plan
- oversee the delivery of services within the scope of the Partnership
About the Act
If you ask for information, the Integration Joint Board will have to provide you with that information, provided that certain conditions are fulfilled and subject only to the limitations imposed by the Act and other legislation.
Environmental information regulations
The Integration Joint Board has a duty to make environmental information available to the public under the Environmental Information (Scotland) Regulations 2004 (the EIRs).
The definition of environmental information is very wide and it covers not only the natural environment, but also the built environment.
Are there any exceptions to providing information?
Yes, there are some.
If, for example, giving the information would cause a breach of confidence to a third party; if it divulged personal information on an individual; or if the information was commercially sensitive. More information can be found on the Scottish Information Commissioner’s website foi.scot
The Health and Social Care Partnership can give advice on exemptions, which are detailed in the Act and Regulations.
What is an FOI request?
Any individual or organisation can make a request for information the Integration Joint Board holds, and will be entitled to receive it, provided no exemptions apply.
Requests must:
- be in writing or some other permanent form (e.g. e-mail or recorded message)
- state the applicant’s name and address
- describe what information is required
What is an EIR request?
An EIR request can be made in the same way as an FOI request.
However, verbal requests for information e.g. a request made in the course of a meeting, a request left on a voicemail or a telephone answering machine are valid requests for environmental information and as such will be dealt with in the same way as written requests.
Making a request
You can make an FOI/EIR request in the following ways:
To make an information request and for further help and assistance please contact:
Freedom of Information Officer
Dumfries and Galloway Health and Social Care Partnership
Mountainhall Treatment Centre
Bankend Road
Dumfries
DG1 4AP
Enquiries or advice:
Telephone: 01387 272752
Email: dg.ijb-foi@nhs.scot
How your FOI request will be handled
Your request will be dealt with promptly and, usually, within 20 working days. There is no need to cite the Act or explain why information is being asked for. However, giving as much detail as you can may help us respond more fully to your request.
There is no obligation for the Integration Joint Board to comply with an information request if:
- an exemption applies
- the cost of doing so would exceed the amount set by the fees regulations
- the information is not held by the Integration Joint Board
In these instances, you will be notified why the Integration Joint Board cannot comply with your request.
What happens if information is not provided?
If you are dissatisfied with the Integration Joint Board’s handling of your request for information, you have the right to ask the Integration Joint Board to review the matter.
If you remain dissatisfied, you can contact the Scottish Information Commissioner. The Commissioner is a fully independent public official, with a range of powers under the Act to ensure compliance.
You can view the Commissioner’s website at https://www.foi.scot for further information.
The Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Tel: 01334 464610
Email: enquiries@foi.scot
For more information about your rights visit www.foi.scot/your-rights