Lothian Health Board (NHS Lothian) was asked for contract information relating to the construction of the new Royal Hospital for Sick Children and the adjacent Department of Clinical Neurosciences. NHS Lothian withheld some of the information requested on the basis that it was exempt in terms of various provisions of FOISA. The Commissioner found that … Continue reading Mr Billy Briggs and Lothian Health Board (Contract Information): SIC 24 Jan 2017
SIC Installation of cavity wall insulation – On 20 October 2013, Ms Wilson asked the City of Edinburgh Council (the Council) for information relating to the proposed installation of cavity wall insulation at a specified address. The Council informed Ms Wilson that the request was manifestly unreasonable and the information was therefore excepted from disclosure … Continue reading Wilson v City of Edinburgh Council: SIC 2 May 2014
SIC Risk Register for Edinburgh Tram Project: failure to respond within statutory timescales – On 15 February 2014, Mrs Bourne asked City of Edinburgh Council (the Council) for information about the detailed risk register for versions of the Business Cases from 2003 to 2011. This decision finds that the Council failed to respond to the … Continue reading Bourne v City of Edinburgh Council: SIC 18 Jun 2014
Verification and recording of cockle fishing and landings – This decision considers whether the Solway Shellfish Management Association (the SSMA) complied with the technical requirements of the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made on behalf of Little Cumbrae Estate Limited. Citations: [2011] ScotIC 097 – 2011 Links: … Continue reading Little Cumbrae Estate Limited and Solway Shellfish Management Association: SIC 24 May 2011
SIC Mr Pearson requested from North Lanarkshire Council (the Council) a copy of a fee proposal submitted by a consultancy firm. The Council withheld the information under regulation 10(5)(e) of the Environmental Information (Scotland) Regulations 2004 (the EIRs). Mr Pearson remained dissatisfied and applied to the Commissioner for a decision. Following an investigation, the Commissioner … Continue reading Pearson v North Lanarkshire Council: SIC 22 Mar 2011
SIC Failure to respond to a request for review – This decision considers whether the City of Edinburgh Council complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made by the Secretary of Fairmilehead Community … Continue reading Fairmilehead Community Council and City of Edinburgh Council: SIC 9 Feb 2011
Dispute over fees notice under the Environmental Information (Scotland) Regulations 2004 Citations: [2007] ScotIC 095 – 2007 Links: Bailii Jurisdiction: Scotland Information Updated: 31 August 2022; Ref: scu.434371
SIC This decision considers whether East Dunbartonshire Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to information request made by Ms Russell. Citations: [2011] ScotIC 191 – 2011 Links: Bailii Jurisdiction: Scotland Information Updated: 16 … Continue reading Russell and East Dunbartonshire Council: SIC 22 Sep 2011
For authority (redacted) Citations: [2019] ScotIC 021 – 2019 Links: Bailii Statutes: Environmental Information (Scotland) Regulations 2004 Jurisdiction: Scotland Information Updated: 23 June 2022; Ref: scu.635866
Cost of repairs/compensation claims – Clydeford Road, Cambuslang : Partially upheld Citations: [2019] ScotIC 022 – 2019 Links: Bailii Statutes: Environmental Information (Scotland) Regulations 2004 Jurisdiction: Scotland Information Updated: 17 June 2022; Ref: scu.635857
Mr Edwards asked the Scottish Ministers (the Ministers) to provide unpublished information relating to projections of Scottish greenhouse gas emissions under different scenarios and the estimation of the ‘Scottish share’. The Ministers withheld information which was expected to be published in the near future, under regulation 10(4)(d) of the Environmental Information (Scotland) Regulations 2004 (the … Continue reading Edwards of The Sunday Herald and Scottish Ministers: SIC 28 Aug 2008
SIC The Global Alliance Against Industrial Aquaculture (GAAIA) asked the Scottish Ministers (the Ministers) for sea lice data for all salmon farms in Scotland since 2000. Some information was provided to GAAIA. The Ministers withheld the remaining information under the Environmental Information (Scotland) Regulations 2004, as they considered disclosure would prejudice substantially the interests of … Continue reading Global Alliance Against Industrial Aquaculture v Scottish Ministers: SIC 19 Feb 2013
Mr Edwards requested all information relating to the finalisation and publication of the 2006 bathing water pollution results from the Scottish Ministers (the Ministers). The Ministers released some information to Mr Edwards, but withheld other documents in terms of several exemptions set out in Part 2 of FOISA. Mr Edwards remained dissatisfied following an internal … Continue reading Edwards and Scottish Ministers: SIC 11 Aug 2008
On 9 September 2019, the Applicant asked South Ayrshire Council (the Council) for all notes made by Council employees in relation to a specified planning application. This decision finds that the Council failed to respond to the requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the … Continue reading The Applicant and South Ayrshire Council: SIC 27 Feb 2020
SIC Inspection and Maintenance Records for A Specified Street: Failure To Respond Within Statutory Timescales – On 4 June 2015, Watermans Solicitors, on behalf of their client Mr Donald Wright, asked East Dunbartonshire Council (the Council) for information about maintenance and inspection records for a specified street. This decision finds that the Council failed to … Continue reading Wright and East Dunbartonshire Council: SIC 18 Sep 2015
Remediation Reports for Completed Development: Failure To Respond Within Statutory Timescales – On 6 June 2015, Mr V asked City of Edinburgh Council (the Council) for remediation reports on a completed development. This decision finds that the Council failed to respond to the requirement for review within the timescale allowed by the Freedom of Information … Continue reading Mr V v City of Edinburgh Council: SIC 14 Jul 2015
SIC Specification of works: failure to respond within statutory timescales – On 18 December 2014, Ms Hamilton asked East Dunbartonshire Council (the Council) for information about the specification for work and materials on which previously-supplied cost information was based, in relation to works to be carried out at a Primary School. This decision finds that … Continue reading Rona Hamilton and East Dunbartonshire Council: SIC 5 May 2015
SIC Flooding of a property: failure to respond within statutory timescales – On 6 January 2015, Mr Manesh asked Glasgow City Council (the Council) for information about requests and correspondence sent to the Council in connection with flooding to his property. The decision finds that the Council failed to comply with Mr Manesh’s requirement for … Continue reading Amir Aryan Manesh and Glasgow City Council: SIC 17 Apr 2015
SIC Final plans of new sports facilities at Peebles High School: failure to respond within statutory timescales – On 8 April 2014, Ms Nicholson asked Scottish Borders Council (the Council) for information about the final plans for the new sports facilities at Peebles High School. This decision finds that the Council failed to respond to … Continue reading Nicholson v Scottish Borders Council: SIC 8 Jul 2014
SIC Scottish Fish Farms Annual Production Survey – On 16 October 2013, Protect Wild Scotland (PWS) asked the Scottish Ministers (the Ministers) for the information from the Scottish Fish Farms Annual Production Survey 2012 questionnaire returns. The Ministers withheld the information under the Environmental Information (Scotland) Regulations 2004, as they considered disclosure would substantially prejudice … Continue reading Protect Wild Scotland v Scottish Ministers: SIC 13 Jun 2014
SIC Planning application: failure to respond within statutory timescales – On 3 March 2014, Mrs W asked East Dunbartonshire Council (the Council) for information about a planning application. This decision finds that the Council failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the … Continue reading W v East Dunbartonshire Council: SIC 8 Jul 2014
SIC Inspection records: failure to respond within statutory timescales – On 6 February 2014, Morisons Solicitors, on behalf of Mr Meechan, asked East Dunbartonshire Council (the Council) for maintenance and inspection records for the grounds and garden of a particular property. This decision finds that the Council failed to respond to the request within the … Continue reading Meechan v East Dunbartonshire Council: SIC 8 Jul 2014
Mr Y asked Highland Council (the Council) for information about meetings between Councillors and Council officials and representatives of Tesco, in relation to a particular planning application. The Council provided answers to most of Mr Y’s questions, but did not address one of his requests to his satisfaction. Following a review, the Council advised Mr … Continue reading Y and Highland Council: SIC 17 Dec 2009
Mr X requested from West Dunbartonshire Council (the Council) information relating to a complaint which he and his wife had made about a nuisance odour from a specified address. The Council withheld the information under various exemptions in the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr X remained dissatisfied and applied … Continue reading X and West Dunbartonshire Council: SIC 11 Sep 2009
Impact of A9 dualling on rail freight – On 22 August 2013, Rail Freight Group (RFG) asked Transport Scotland for information relating to the proposed dualling of the A9. Transport Scotland provided links to documents on its website which it considered fulfilled parts of RFG’s request. Transport Scotland also informed RFG that it did not … Continue reading Rail Freight Group v Transport Scotland: SIC 6 May 2014
Resolution Complaints Panel reports – On 4 July 2013, Mrs Thompson asked for a copy of Resolution Complaints Panel reports prepared by the City of Edinburgh Council (the Council). The Council decided that the information in the reports was entirely excepted from disclosure under the EIRs. During the investigation, the Council disclosed a redacted version … Continue reading Thompson v City of Edinburgh Council: SIC 4 Mar 2014
SIC Failure to respond to requirement for review – This decision considers whether Dundee City Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made by Mr McLeod. [2013] ScotIC 195 – … Continue reading Colin Mcleod and Dundee City Council: SIC 4 Sep 2013
George Square design contest – On 22 January 2013, Mr Gordon asked Glasgow City Council (the Council) for the score cards used by the judges in the George Square design contest. The Council handled the request under the Environmental Information (Scotland) Regulations 2004 (the EIRs) and withheld the information under regulation 10(4)(e) (internal communications). Following … Continue reading Gordon and Glasgow City Council: SIC 16 Aug 2013
SIC Safety Management System Manual – On 4 April 2014, Mr Macleod asked CalMac Ferries Limited (CalMac) for the Safety Management System Manual (SMS Manual) for a new vessel then under construction.
CalMac . .
Mr Jamieson requested from the City of Edinburgh Council (the Council) a copy of the public consultation responses on its proposals for Lower Granton Road. The Council responded by informing Mr Jamieson that the information he sought was excepted . .
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to a defendant in its conduct of a prosecution. The court must not confuse the immunity rule which … Continue reading Elguzouli-Daf v Commissioner of Police of the Metropolis and Another: CA 16 Nov 1994
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