Council procedures – Mr David Walker asked Falkirk Council (the Council) to supply any recorded information relating to two questions arising from previous correspondence with the Council. The Council initially failed to reply, and Mr Walker asked for a review of this decision. The Council then wrote to advise Mr Walker that information relating to his first request was not held. It provided some information associated with, but not covered by, the terms of his second request. Mr Walker remained dissatisfied and applied for a decision from the Scottish Information Commissioner.
Following an investigation, the Commissioner found that the Council did not hold any recorded information covered by either of Mr Walker’s requests. The Commissioner found that the Council had not given Mr Walker notice that some of the information requested was not held, and in this respect had failed to comply with section 17(1) of the Freedom of Information (Scotland) Act 2002 (FOISA). The Commissioner also found that the Council had failed to comply with the statutory timescale for responding to the request. He did not require the Council to take any action in respect of these failures.
Citations:
[2009] ScotIC 147 – 2009
Links:
Statutes:
Freedom of Information (Scotland) Act 2002 17(1)
Scotland, Information
Updated: 08 September 2022; Ref: scu.434091
