Category: Scotland

Rail Freight Group v Transport Scotland: SIC 6 May 2014

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 hold all of the information it had asked for.
The Commissioner found that, by failing initially to identify and provide all relevant information that it held, Transport Scotland failed to comply with regulation 5(1) of the EIRs. The Commissioner also found that, by failing to give notice that some of the information requested was excepted from disclosure in terms of regulation 10(4)(a), Transport Scotland failed to comply with regulation 5(1).

[2014] ScotIC 102 – 2014
Bailii
Environmental Information (Scotland) Regulations 2004

Scotland, Information

Updated: 03 December 2021; Ref: scu.525567

Wilson v Scottish Parliamentary Corporate Body: SIC 1 May 2014

SIC On 18 November 2013, Mr Wilson asked the Scottish Parliamentary Corporate Body (the SPCB) for information about petitions presented to the Scottish Parliament in the past ten years. The SPCB told Mr Wilson it did not hold the information centrally, but provided links to relevant information. Following a review, the SPCB informed Mr Wilson that it considered most of the information he had asked for was already in the public domain and that it did not hold information for one part of the request.
Following an investigation, the Commissioner found that the SPCB did not hold information which would address one part of the request. In relation to the other parts, she found that the SPCB had not responded adequately in terms of Part 1 of FOISA, and required it to review the way it had responded to Mr Wilson.

Rosemary Agnew
[2014] ScotIC 094 – 2014
Bailii

Scotland, Information

Updated: 03 December 2021; Ref: scu.525562

X v Scottish Prison Service: SIC 6 May 2014

SIC Costs for facilitating offender programmes: alleged failure to respond within statutory timescales. On 27 October 2013, Mr X asked the Scottish Prison Service (the SPS) for information about the costs for facilitating offender programmes. This decision finds that the SPS did not receive Mr X’s requirement for review. Consequently, the SPS did not breach section 21(1) of the Freedom of Information (Scotland) Act 2002 (FOISA).

[2014] ScotIC 099 – 2014
Bailii
Freedom of Information (Scotland) Act 2002

Scotland, Information, Prisons

Updated: 03 December 2021; Ref: scu.525563

G v Scottish Prison Service: SIC 6 May 2014

Charging policy for subject access requests – On 9 May 2013, Mr G asked the Scottish Prison Service (SPS) for information about its charging policy for subject access requests. The SPS provided some information while stating that it did not hold other information. The Commissioner carried out an investigation and found that the SPS had failed to provide Mr G with all of the relevant information it held.
Given that all of the information has now been provided to Mr G, the Commissioner did not require the SPS to take any action.

[2014] ScotIC 101 – 2014
Bailii

Scotland, Information

Updated: 03 December 2021; Ref: scu.525558

P v Stirling Council: SIC 5 May 2014

SIC Information relating to a named Councillor: failure to respond within statutory timescales – On 5 October 2013, Mrs P asked Stirling Council (the Council) for information about the activities of a named Councillor. 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). The decision also finds that the Council failed to comply with Mrs P’s requirement for review within the timescale set down by FOISA.

[2014] ScotIC 098 – 2014
Bailii

Scotland, Information

Updated: 03 December 2021; Ref: scu.525565

Paul Hutcheon v Dundee City Council: SIC 5 May 2014

SIC Payments made – On 19 November 2013, Mr Hutcheon asked Dundee City Council (the Council) for information relating to Dundee Schools Music Theatre. The Council responded by providing some information, withholding the rest on the basis that it was personal data and disclosure would breach the data protection principles.
Following an investigation, during which further information was disclosed, the Commissioner found that the Council was entitled to withhold the remaining information as disclosure would breach the first data protection principle.

Rosemary Agnew
[2014] ScotIC 097 – 2014
Bailii

Scotland, Information

Updated: 03 December 2021; Ref: scu.525560

X v Forth Valley NHS Board: SIC 24 Apr 2014

Patient and doctor consultations – On 7 December 2013, Mr X asked Forth Valley NHS Board (NHS Forth Valley) for information relating to patient and doctor consultations laid out not by NHS Forth Valley but by NHS UK. NHS Forth Valley provided Mr X with some information from a Scottish Government website, but did not explain that NHS Forth Valley itself did not hold any information covered by his request.
Following an investigation, the Commissioner found that NHS Forth Valley had failed to provide Mr X with the required notice that it did not hold the requested information. However, she did not require NHS Forth Valley to take any action.

[2014] ScotIC 090 – 2014
Bailii

Scotland, Information

Updated: 03 December 2021; Ref: scu.525550

Whitton v Scottish Ministers: SIC 29 Apr 2014

SIC List of schools with pupils attending St Mary’s Music School – On 7 November 2013, Mr Whitton asked the Scottish Ministers (the Ministers) for the names of the schools with pupils who had accessed St Mary’s Music School (St Mary’s) in Edinburgh during the last five years. The Ministers told Mr Whitton that they did not hold this information.
Following an investigation, the Commissioner found that the Ministers had been entitled to tell Mr Whitton that they did not hold the information.

[2014] ScotIC 091 – 2014
Bailii

Scotland, Information, Education

Updated: 03 December 2021; Ref: scu.525544

Parkhill v Scottish Ambulance Service Board: SIC 11 Apr 2014

SIC Patient mobility and related issues: failure to respond within statutory timescales – On 10 December 2014, solicitors acting on behalf of Ms Parkhill asked the Scottish Ambulance Service Board (the SASB) for information about patient mobility and related issues. This decision finds that the SASB failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that the SASB failed to comply with Ms Parkhill’s requirement for review within the timescale set down by FOISA.

[2014] ScotIC 083 – 2014
Bailii
Freedom of Information (Scotland) Act 2002

Scotland, Information

Updated: 03 December 2021; Ref: scu.525553

Crosthwaite v Scottish Ministers: SIC 24 Apr 2014

SIC Environmental Impact Assessment – On 11 November 2013, Ms Crosthwaite asked the Scottish Ministers (the Ministers) for an Environmental Impact Assessment (EIA) for a wind farm planning application. Ms Crosthwaite was not satisfied that the Ministers did not hold the information, believing that they were legally required to carry out an EIA. After investigation, the Commissioner accepted that the Ministers did not hold this information.

[2014] ScotIC 089 – 2014
Bailii

Scotland, Information, Environment, Planning

Updated: 03 December 2021; Ref: scu.525554

Musson v Moray Council: SIC 23 Apr 2014

SIC Websites blocked in schools: failure to carry out a review when required – On 19 March 2014, Mr Musson asked Moray Council (the Council) for information about websites blocked by schools. This decision finds that the Council failed to comply with a requirement for review, as required by section 21(1) of the Freedom of Information (Scotland) Act 2002 (FOISA).
The Commissioner has ordered the Council to comply with the requirement for review.

[2014] ScotIC 088 – 2014
Bailii

Scotland, Information

Updated: 03 December 2021; Ref: scu.525542

Kapri v Her Majesty’s Advocate (For The Republic of Albania): HCJ 25 Apr 2014

[2014] ScotHC HCJAC – 33
Bailii
Extradition Act 2003
Citing:
See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012
The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination of the reports disclosed that counsel for the Lord Advocate’s analysis of them was correct. None of the examples of the . .
See Also – Kapri v The Lord Advocate Representing The Government of The Republic of Albania HCJ 1-Jun-2012
. .
See Also – Kapri v The Lord Advocate (Representing The Government of The Republic of Albania) SC 10-Jul-2013
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in . .

Lists of cited by and citing cases may be incomplete.

Scotland, Extradition

Updated: 03 December 2021; Ref: scu.524625

H (Ap), Re Judicial Review: SCS 2 Apr 2014

The petitioner seeks judicial review of a decision of the Secretary of State for the Home Department dated 10 July 2013 in terms of which she decided that the petitioner’s representations of June 2013, taken together with his previous representations, did not give rise to a fresh asylum claim.

Lord Doherty
[2014] ScotCS CSOH – 63
Bailii

Scotland, Immigration

Updated: 02 December 2021; Ref: scu.523711

Colin Mcleod and Dundee City Council: SIC 3 Dec 2013

Marchbanks recycling centre – On 6 May 2013, Mr McLeod asked Dundee City Council (the Council) for information relating to the disposal or alternative uses of the former Marchbanks recycling centre. The Council provided a copy of a committee report and told Mr McLeod that it held no further information.
Following an investigation, the Commissioner was not satisfied that adequate searches had been carried out for the information and required the Council to carry out further searches.

[2013] ScotIC 273 – 2013
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522821