Freedom of Information Act Extension Consultation Deadline

Scottish Government has opened a new public consultation seeking views on whether Scotland’s Freedom of Information (Scotland) Act 2002 (FOISA) should be extended to cover private and third sector providers of care home and “care at home” services. The consultation is open until Monday 30 March 2026.

FOISA currently gives people the right to request information from Scottish public authorities (such as local authorities and NHS Boards), ensuring transparency and accountability in public services. Under the current law, private and third sector organisations which deliver social care services are not covered by FOISA.

Scottish Government is now asking the Scottish public, service users, care providers, and advocacy groups whether these rights and obligations should be extended so that private and third sector organisations delivering care services also fall under FOISA’s scope. The consultation paper notes that these services support some of Scotland’s most vulnerable citizens, and extending FOISA could improve openness about how care services are run and accountable to the communities they serve.

Why This Matters for the Third Sector

• Transparency and accountability: many stakeholders believe that making care providers subject to FOISA could help build trust with service users, families, and the wider public by making key information more accessible.
• Sector impact concerns: earlier discussions on expanding FOISA coverage have highlighted that some third sector and healthcare representatives are concerned about administrative burdens if FOISA was extended, particularly on smaller organisations, and the potential impact on willingness to provide services under contract if additional statutory obligations are imposed.
• Engagement opportunity: the consultation invites input not just from organisations but from care users, staff, advocacy groups, and the general public, giving third sector bodies a platform to share lived experience and sectoral insights that could shape how (or whether) FOISA extension proceeds.

What’s Next

Once the consultation closes, Scottish Government officials will analyse responses and publish an analysis report summarising key findings and stakeholder views.

This will help inform decisions on whether to exercise the Government’s powers to extend FOISA to these private and third sector care services, and what form any extension should take to balance transparency with practical delivery realities.

How To Take Part

The deadline for responses is Monday 30 March 2026.

To submit your response, or for further information (including the consultation paper, background information, and accessible formats (such as an Easy Read version, British Sign Language (BSL) translations, and an audio recording)), please visit the Scottish Government consultation hub (linked for your convenience).