Mr Neil D Robertson (Mr Robertson) requested from the Scottish Prison Service (the SPS) a copy of the Orderly Room Procedures and Guidance (ORPG). The SPS failed to reply to this request, and Mr Robertson asked for a review of this decision. The SPS responded to this request and advised Mr Robertson that the ORPG was already accessible to him via the prison library and therefore it was not required to provide him with a copy. Mr Robertson remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, during which the SPS confirmed that it considered the ORPG to be exempt from disclosure in terms of section 25(1) of FOISA, the Commissioner found that the SPS had partially failed to deal with Mr Robertson’s request for information in accordance with Part 1 of FOISA. He found that the SPS was entitled to withhold the requested document in terms of section 25(1) of FOISA. However, the Commissioner, found that the SPS failed to respond to Mr Robertson’s request for information within the timescale laid down by section 10(1) FOISA. He did not require the SPS to take any action in response to this failure.
Citations:
[2010] ScotIC 214 – 2010
Links:
Jurisdiction:
Scotland
Information
Updated: 18 April 2022; Ref: scu.433938