The Quality Unit
Planning and Quality Division
T: 0131-244 4049
E:
Ms Fiona Sinclair
Autism Rights
By e-mail: / 
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Our Ref: FOI 14/00933

1 July 2014

Dear Ms Sinclair,

Thank you for your e-mail dated 15 June 2014 requesting a review of the decision made by Ahmad Mehboob of the Scottish Government’s Health and Social Care Directorate not to release information as requested under the terms of the Freedom of Information (Scotland) Act 2002 (FOISA).

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.

Paul Gray, Director General Health and Social Care and Chief Executive NHS Scotland has asked me to carry out a review of our response to the above mentioned request for information which you submitted under the Freedom of Information (Scotland) Act 2002 (FOISA).

I have now concluded my review and can confirm that there were 22 confidential responses received in relation to this consultation process and of these 22 only 4 indicated which organisation the respondent was attached to. It should be noted that the provision of this information was voluntary. I can however, confirm that of the 2 individual organisations named in these responses neither receives central government funding. In terms of local government funding, this information is not held.

Your review also asked for information on the following: “I would like to know if any of the confidential responses 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 health sector”. This information was not requested and is therefore not held.

If you are unhappy with the outcome of this review, you have the right to appeal to the Scottish Information Commissioner about this decision, within 6 months of receiving this letter. You can contact the commissioner by e-mail: , by telephone: 01334 464610 or in writing to:

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Should you then wish to appeal against the commissioner’s decision, there is a right of appeal to the Court of Session on a point of law only.

Yours Sincerely

Gordon Lomax

St Andrew’s House, Regent Road, Edinburgh EH1 3DGwww.scotland.gov.uk / 