SIC On 27 January 2014, Mr McLelland asked the Scottish Ministers (the Ministers) for information about dentists who had obtained grants under the Scottish Dental Access Initiative (SDAI) from 2007 to the current date.
The Ministers disclosed some information, withheld some information, and notified Mr McLelland that they did not hold some of the information he had asked for. Following a review, Mr McLelland remained dissatisfied and applied to the Commissioner for a decision.
During the Commissioner’s investigation, the Ministers disclosed additional information to Mr McLelland, withholding only the names of the dentists who obtained grants or who had to repay some of the grant monies received.
The Commissioner found that the Ministers had partially failed to respond to Mr McLelland’s request for information in accordance with Part 1 of FOISA. The Ministers wrongly withheld the names of the dentists who had obtained a grant under the exemption in section 38(1)(b), but correctly applied this exemption to the names of dentists who had to repay some or all of the grant monies. She required the Ministers to disclose the names of all dentists who had obtained (but not had to repay) a SDAI grant.
[2015] ScotIC 027 – 2015
Bailii
Scotland, Information
Updated: 29 December 2021; Ref: scu.545620