Category: Scotland

Burke v Angus Council: SIC 11 Mar 2014

Adults with learning difficulties with unmet needs – On 1 March 2013, Mr Peter Burke asked Angus Council (the Council) for an anonymised list of adults with learning difficulties with unmet needs for both respite and residential care in the Carnoustie and Monifieth areas. The Council responded by withholding the information.
Following an investigation, the Commissioner found that the Council had been entitled to withhold the information: it was the personal data of other individuals and its disclosure would breach the first data protection principle.

[2014] ScotIC 061 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522752

Thompson v City of Edinburgh Council: SIC 4 Mar 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 of the reports to Mrs Thompson.
The Commissioner found that the Council was entitled to withhold the redacted information, given that its disclosure would prejudice substantially the course of justice or would breach the data protection principles. The Commissioner also found that the information provided to Mrs Thompson during the investigation should have been disclosed at an earlier stage.

[2014] ScotIC 053 – 2014, Decision 053/2014
Bailii
Freedom of Information (Scotland) Act 2002 1(1) 1(6), Environmental Information (Scotland) Regulations 2004, Data Protection Act 1998

Scotland, Information

Updated: 01 December 2021; Ref: scu.522755

A and Scottish Prison Service: SIC 5 Mar 2014

SIC Details of items bought and sold – On 23 September 2013, Mr A asked the Scottish Prison Service (the SPS) about the quantities of items bought in from suppliers and sold in the prison canteen on certain dates in July 2013. The SPS released information to Mr A. Mr A complained that some of it was illegible. He also queried whether the information was for the dates he had specified.
Following an investigation, the Commissioner found that the SPS had provided Mr A with all of the information it held and which fell within the scope of his request. The Commissioner commented that the SPS could have been more helpful in its response to his request, but did not require the SPS to take any action, for reasons explained in the decision.

[2014] ScotIC 055 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522746

Jock Meikle and Scottish Ministers: SIC 19 Feb 2014

Use of ‘taxpayer funded’ transport: failure to respond within statutory timescales – On 16 October 2013, Mr Meikle made a request to the Scottish Ministers (the Ministers), asking if the First Minister or his Cabinet had used ‘taxpayer funded’ transport, to and from the Dunfermline ByElection.
This decision finds that the Ministers failed to respond to the request within the timescales allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that the Minister’s failed to comply with Mr Meikle’s request for review within the timescales set down by FOISA.

[2014] ScotIC 037 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522724

Hutcheon and City of Edinburgh Council: SIC 26 Feb 2014

SIC On 21 May 2013, Mr Paul Hutcheon asked the City of Edinburgh Council (the Council) for information about scaffolding jobs given to a named company. The Council disclosed some information and withheld the remainder. Mr Hutcheon remained dissatisfied and applied to the Commissioner for a decision.
During the investigation, the Council disclosed the remaining information.
The Commissioner found that, in dealing with Mr Hutcheon’s request, the Council had incorrectly withheld information which should have been provided to him under section 1(1) of FOISA.

[2014] ScotIC 042 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522732

Graham and Avril Fisher v Falkirk Council: SIC 26 Feb 2014

Secondary school pupil’s examination grades: failure to respond within statutory timescales – On 13 November 2013, Mr and Mrs Fisher asked Falkirk Council (the Council) for information about pupil examination grades. 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 Mr and Mrs Fisher’s request for review within the timescale set down by FOISA.

[2014] ScotIC 049 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522709

B and Scottish Prison Service: SIC 26 Feb 2014

ICO Hobbies work shed – On 5 October 2013, Mr B asked the Scottish Prison Service (the SPS) for information relating to the budget, resources and output of the Hobbies work shed at HMP Edinburgh. The SPS provided some information, but told Mr B that it did not hold the other information sought.
Following an investigation, the Commissioner found that the SPS had provided Mr B with the information it held, along with appropriate advice and assistance.

[2014] ScotIC 044 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522715

X and Scottish Parliamentary Corporate Body: SIC 13 Jan 2014

SIC Standards for correspondence – On 13 September 2013, Mr X asked the Scottish Parliamentary Corporate Body (the SPCB) for information about the standards which apply when MSPs respond to correspondence. The SPCB provided information to Mr X, but Mr X was dissatisfied and requested a review under FOISA.
Following an investigation, the Commissioner concluded the SPCB partially failed to deal with Mr X’s request for information in accordance with Part 1 of FOISA, by failing to deal with his request for review as required by section 21 of FOISA. On this occasion, she did not require the SPCB to take any action as it had provided all the relevant information it held.

[2014] ScotIC 004 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522704

BWWC Limited and Scottish Legal Complaints Commission: SIC 14 Feb 2014

Handling of complaint – On 31 May 2013, BWWC Limited (BWWC) asked the Scottish Legal Complaints Commission (the SLCC) for correspondence and other information relating to a complaint made to the SLCC.
The SLCC refused to disclose the information, under exemptions including that in section 26(a) of FOISA. This exempts information from disclosure if disclosure is prohibited by other legislation.
Following an investigation, the Commissioner found that the SLCC had been entitled to withhold the information.

[2014] ScotIC 027 – 2014
Bailii

Scotland, Information, Legal Professions

Updated: 01 December 2021; Ref: scu.522708

Billy Briggs and Scottish Ministers: SIC 20 Feb 2014

SIC SQA project in Bahrain – On 28 March 2013, Mr Briggs asked the Scottish Ministers (the Ministers) for communications about a Scottish Qualifications Authority (SQA) project in Bahrain. The Ministers provided some information, but withheld other information on the basis that disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views (section 30(b) of FOISA).
Following an investigation, the Commissioner found that the Ministers had been entitled to withhold most of the information, but that some information should be disclosed.

[2014] ScotIC 039 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522716

Andrew Picken and Scottish Ministers: SIC 19 Feb 2014

SIC Kelly Kar Hire London: failure to respond within statutory timescales – On 2 November 2013, Mr Picken made requests to the Scottish Ministers (the Ministers) about invoices submitted to, and communications with, the First Minister’s Office by Kelly Kar Hire London.
This decision finds that the Ministers failed to respond to the requests within the timescales allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that the Ministers failed to comply with Mr Picken’s requests for review within the timescales set down by FOISA.

[2014] ScotIC 036 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522714

Laing and Scottish Enterprise: SIC 23 Jan 2014

SIC Register of companies in distress – On 2 September 2013, Mr Laing asked Scottish Enterprise for information relating to any register listing companies known to be in financial distress or other difficulty. Scottish Enterprise provided information, stating that other information either was not held or was being withheld on the basis that various exemptions of FOISA applied.
Following an investigation, the Commissioner accepted Scottish Enterprise’s submission that it did not hold some of the information Mr Laing had asked for. She also accepted that the majority of the information it did hold had been correctly withheld on the basis of the harm disclosure would cause to the effective conduct of public affairs.

[2014] ScotIC 008 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522695

James Cowan and Police Scotland: SIC 10 Jan 2014

SIC Legal advice on using volunteer air assets – On 12 July 2013, Mr Cowan asked the Chief Constable of the Police Service of Scotland (Police Scotland) for legal advice about Police Scotland’s decision not to use volunteer air assets. Police Scotland responded by withholding this information under section 36(1) of FOISA, on the basis that it was subject to legal advice privilege. The Commissioner accepted this following an investigation.

[2013] ScotIC 292 – 2013
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522699

Councillor David Alexander and Falkirk Council: SIC 27 Jan 2014

SIC Changes to decision-making structures – On 26 April 2013, Councillor Alexander asked Falkirk Council (the Council) for information about changes to the decision-making structures of the Council. The Council provided information to Mr Alexander. It withheld other information under section 30(b) of FOISA, claiming that disclosure would prejudice the effective conduct of public affairs.
Following an investigation, the Commissioner found that the Council had dealt with Councillor Alexander’s request for information in accordance with Part 1 of FOISA, being entitled to withhold the information under section 30(b).

[2014] ScotIC 009 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522693

Sinclair v Lothian Health Board: SIC 21 Jan 2014

SIC Handling of request and requirement for review – On 27 August 2013, Mr and Mrs Sinclair asked Lothian Health Board (NHS Lothian) for a copy of its Health and Safety Policy, highlighting the section interpreted as applying to door locking during speech therapy sessions. NHS Lothian responded by providing a copy of highlighted sections from its restraint policy.
Following an investigation, the Commissioner found that NHS Lothian’s response failed to address Mr and Mrs Sinclair’s request (and particularly their requirement for review) fully in accordance with Part 1 of FOISA. Given that Mr and Mrs Sinclair received the information they sought following a subsequent request, the Commissioner did not require NHS Lothian to take any action.

[2014] ScotIC 006 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522696

Livingstone Terrace Residents Action Group and Scottish Public Services Ombudsman: SIC 23 Jan 2014

SIC Reports by a Planning Adviser – On 7 August 2013, Livingstone Terrace Residents Action Group (LTRAG) asked the Scottish Public Services Ombudsman (the SPSO) for copies of reports undertaken by the SPSO’s Planning Adviser. The SPSO withheld the information under section 26(a) of FOISA and regulation 10(5)(d) of the EIRs on the basis that there was a statutory prohibition on its disclosure.
Following an investigation, the Commissioner found that the SPSO was entitled to withhold the requested information under section 26(a) of FOISA and regulation 10(5)(d) of the EIRs. The Commissioner also found that by failing to identify and respond to LTRAG’s information request as one partially seeking environmental information, as defined in regulation 2(1) of the EIRs, the SPSO breached regulations 5(1) and (2)(b) of the EIRs.
The Commissioner did not require the SPSO to take any action.

[2014] ScotIC 007 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522694

British Telecommunications Plc v Common Services Agency: SCS 7 Feb 2014

(Outer House) British Telecommunications plc (BT) sought an order under regulation 48 of the 2012 Regulations setting aside the defender’s decision to appoint Capita plc as the preferred bidder in relation to the procurement exercise concerning the Scottish Wide Area Network (SWAN), failing which for payment of damages of andpound;20m.

Lord Malcolm
[2014] ScotCS CSOH – 44
Bailii
Public Contracts (Scotland) Regulations 2012 48

Scotland, Commercial

Updated: 01 December 2021; Ref: scu.522130

Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions: SCS 26 Oct 2001

Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make such an order.
Held: McDonald is binding on the court. An interim order could not be made.

Lord Johnston
[2001] ScotCS 242
ScotC, Bailii
European Convention on Human Rights 3, Court of Session Act 1988 45
Citing:
Cited – McDonald v Secretary of State for Scotland IHCS 2-Feb-1994
The pursuer, a prisoner, complained that he had been subject to repeated searches which he claimed were illegal. He sought damages and an injunction.
Held: The action which the pursuer had raised was an ordinary action in the sheriff court was . .
Cited – British Medical Association v Greater Glasgow Health Board HL 1989
The House considered the availability of orders against the Crown in Scotland. It is inconceivable that Parliament should have intended to fetter the right of the subject to obtain a prohibitory order more strictly in Scotland than in England. The . .
Cited – M v Home Office and Another; In re M HL 27-Jul-1993
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be . .

Cited by:
Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act.
Held: The prisoner had followed through his rights to . .

Lists of cited by and citing cases may be incomplete.

Scotland, Prisons, Constitutional, Human Rights

Updated: 01 December 2021; Ref: scu.168899

Patrick Haldane, Esq; v Sir Alexander Anstruther, Bart Robert Lumsden of Innergellie, and Isabel Lady Dowager of Innergellie, His Mother, Mr Walter Wilson, and Sir John Anstruther, Bart: HL 20 Mar 1727

Sale – By articles of agreement for the sale of an estate, the disposition was to be delivered by a day certain, and the price to be paid ten days afterwards; but the seller was not obliged to deliver the disposition till heritable security was granted for the price.
The estate being much incumbered, the creditors are preferred to the price upon assigning their debts with absolute warrandice.

[1727] UKHL Robertson – 601, (1727) Robertson 601
Bailii
Scotland

Land

Updated: 30 November 2021; Ref: scu.554237

The Commissioners and Trustees for The Forfeited Estates, On Three Appeals v George Lockhart of Carnwath, Esq;: HL 6 Feb 1725

Presumption – Bond – Bonds of pension granted to an advocate, afterwards President of the Session, during his continuance to be an advocate, are sued on, after his death by his son, as wholly remaining due, after the lapse of a good many years from their dates; and are sustained till the date of the grantee’s becoming President of the Session, his son giving his oath of credulity as to any payments made on the debts acclaimed.

[1725] UKHL Robertson – 514, (1725) Robertson 514
Bailii
Scotland

Legal Professions

Updated: 30 November 2021; Ref: scu.554116