Mr Neil D. Robertson requested from Aberdeenshire Council (the Council) a copy of the Stable and Acute 2007 (SA07) risk assessment tool. The Council responded by advising Mr Robertson that it was withholding the document in terms of section 30(c) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr Robertson remained … Continue reading Robertson and Aberdeenshire Council: SIC 19 Nov 2009
Mr Rule requested from the Scottish Ministers (the Ministers) copies of correspondence between the First Minister’s Office and specified governments (and departments thereof) from May 2007. In response, the Ministers released some information but withheld the remainder under section 32(1)(a)(i) and (iii) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr … Continue reading Rule and Scottish Ministers: SIC 16 Nov 2009
Request for information regarding action taken in respect of two websites – withheld on the basis of sections 30(b), 38(1)(b) and 39(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) – Commissioner found the SCS was entitled to refuse to disclose some of the information  ScotIC 007 – 2008 Bailii Scotland Information Updated: … Continue reading Lloyd and Scottish Court Service: SIC 16 Jan 2008
Request for a copy of legal advice held by the Council – information withheld under section 36(1) of the Freedom of Information (Scotland) Act 2002 (confidentiality) – Commissioner concluded privilege waived and required release of the information  ScotIC 002 – 2008 Bailii Scotland Information Updated: 28 November 2021; Ref: scu.434115
Mr Jamie Hepburn MSP (Mr Hepburn) requested from North Lanarkshire Council (the Council) the numbers of correspondence items received from individual MSPs, MPs and MEPs over a specified period of time. The Council withheld the information under the exemption in section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA), which allows public authorities … Continue reading Hepburn MSP and North Lanarkshire Council: SIC 16 Jul 2009
SIC Failure to respond to requirement for review – This decision considers whether Dundee City Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made by Mr McLeod.  ScotIC 195 – … Continue reading Colin Mcleod and Dundee City Council: SIC 4 Sep 2013
This decision considers whether East Dunbartonshire Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Ms Rona Hamilton (Ms Hamilton).  ScotIC 191 – 2013 Bailii Scotland Information Updated: 21 November 2021; Ref: scu.516072
Mr Pattullo requested information from Angus Council (the Council) concerning the closure or merger of schools. The Council withheld this information under the exemptions in section 30(b) and (c) of the Freedom of Information (Scotland) Act 2002 (FOISA), on the basis that disclosure would be likely to inhibit free and frank exchanges of views or … Continue reading Pattullo and Angus Council: SIC 16 Jul 2009
Failure to comply with timescales  ScotIC 105 – 2013 Bailii Freedom of Information (Scotland) Act 2002 Scotland, Information Updated: 19 November 2021; Ref: scu.514872
Mr Watson requested from the Scottish Ministers the legal advice they had obtained concerning the compatibility of the Mental Health (Care and Treatment) (Scotland) Act 2003 (the 2003 Act) with the European Convention on Human Rights (ECHR). The . .
Request for police reports into a criminal investigation and complaints against Grampian Police – Ms B asked the Chief Constable of Grampian Police (Grampian Police) to provide her with a range of information concerning a criminal investigation . .
SIC Failure to respond to request and requirement for review – This decision considers whether Highland NHS Board (the Board) complied with the technical requirements of the Freedom of Information (Scotland) Act . .
Bute House accommodation – benefit in kind: failure to respond within statutory timescales – On 5 November 2013, Mr Meikle made a request to the Scottish Ministers (the Ministers) asking if the First Minister’s residence (Bute House) is treated as a . .
SIC Scottish implementation of the LS/CMI risk assessment tool – Mr N asked the Scottish Ministers (the Ministers) for the information they held on the Scottish implementation of the Level of Service/Case . .
SIC Risk Register for Edinburgh Tram Project: failure to respond within statutory timescales – On 15 February 2014, Mrs Bourne asked City of Edinburgh Council (the Council) for information about the detailed risk . .
SIC Internal audit reports relating to the Learning and Justice Directorate – Mr Tom Gordon of the Sunday Herald (Mr Gordon) asked the Scottish Ministers (the Ministers) for all of the information contained in 15 . .
SIC Inverclyde Council Future Operating Model – Mr Purdie requested from Inverclyde Council (the Council) information relating to the investigation by the Council into the implementation and management of its . .
The Applicant asked the Scottish Prison Service (SPS) for information about: prisoners’ mental welfare; health and safety incidents; prisoner assaults and complaints of bullying at HMP Edinburgh from January to July 2020.
This decision finds . .
The Applicant asked Greater Glasgow and Clyde Health Board (NHSGGC) for information about an anti-libidinal drugs trial. This decision finds that NHSGGC failed to respond to the requirement for review within the timescale allowed by the Freedom of . .
The Applicant asked the Scottish Ministers (the Ministers) if a plan had been prepared for Scotland to deal with an epidemic or pandemic and, if so, what provisions had been put in place. The Ministers were also asked if the plan ‘Exercise Cygnus’ . .
Identity and relationship of decision-makers – Mr G requested from the Scottish Legal Complaints Commission (the SLCC) information as to whether a named person was personally acquainted with certain decision-makers and/or members of the SLCC board, . .
Mr Ben Henderson asked Perth and Kinross Council (the Council) for (a) information relating to the actions and practices of Building Standards staff which resulted in recent disciplinary action, and (b) information on actions or practices of staff . .
Departure of a member of staff – Mr Mark Irvine (Mr Irvine) requested from South Lanarkshire Council (the Council) information regarding the early retiral of a particular employee. The Council responded by providing some information, but it . .
Suspension of staff – Mr Ian Benson (Mr Benson) asked Glasgow Caledonian University (the University) for information as to the number of staff suspended. The University responded by advising Mr Benson in terms of section 14(2) of the Freedom of . .
Type of engines in licensed taxis – Mr Ross Blyth (Mr Blyth) asked Glasgow City Council (the Council) for information as to the number of licensed taxis in the Glasgow area that have particular types of engines. The Council responded by giving Mr . .
SIC Copy of a contract – Mr Bobby Park (Mr Park) requested from Glasgow City Council (the Council) a copy of a contract. The Council withheld the information on the grounds that it was exempt from disclosure . .
Information relating to graduating students – Mr Ralph Lucas requested from the University of Glasgow (the University) statistical data relating to certain students who had graduated from the University in the academic years 2006/7 to 2008/9 . .
Request for information relating to a planning application made to Fife Council – Failure of Fife Council to respond to an information request and subsequent request for review within the statutory timescales set out in the Freedom of Information . .
Mr Milne wrote to Angus Council requesting all of the information that related to him, including minutes of meetings, internal memos, correspondence and e-mails. Mr Milne was informed on a number of occasions that his request constituted . .
Correspondence submitted in consultation on proposed upgrade of Lade Braes to multi-user path status – Correspondence submitted in consultation on proposed upgrade of Lade Braes to multi-user path status – personal information section 38(1)(b) of . .
SIC Failure to deal with request or review – Failure of the Chief Constable of Tayside Police to respond to a request for information and to a request for a review within the statutory timescales set out in the . .
SIC Request for a copy of a report commissioned by Aberdeen City Council – withheld on the basis of section 38(1)(b) (personal information) and section 36(2) (actionable breach of confidence) of the Freedom of . .
SIC Request for data on medical negligence claims – section 30(c), section 33(1)(b) and section 36(1) applied – public interest considered . .
Failure to respond to a request for information and requirements for review within the required timescales – This decision considers whether Shetland Islands Council (the Council) complied with the technical requirements of the Freedom of . .
SIC Failure to respond to a request for information within the required timescales and failure to respond to a request for review.
This decision considers whether Scottish Borders Council (the Council) . .
Addresses and sales dates of specific properties – Councillor Danny Carrigan (Councillor Carrigan) requested from the Lanarkshire Valuation Joint Board (the Board) the exact addresses and sales dates of the three properties whose selling price had . .
SIC Investigation into complaints against the Capacity Building Project – Summary – The Capacity Building Project (the Project) requested from the City of Edinburgh Council (the Council) copies of original . .
Report produced by NHS Counter Fraud Services – Mr John Falconer (Mr Falconer) requested a copy of a report prepared by NHS Scotland Counter Fraud Services (CFS) into NHS Lothian’s Laboratory Van Service from the Common Services Agency for the . .
SIC Details of grants paid for common repairs to a block of flats – Mrs Shutt requested details of the total grant and the grant per apartment paid for common repairs to a block of flats from Argyll and Bute . .
SIC Request for a copy of the investigation report regarding the failure of a glass pane at the Wellgate Library, Dundee – report withheld under 35(1)(g) (read in conjunction with 35(2)(e) and 35(2)(i)) of the . .
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 . .
SIC Mr Croisdain MacKenzie (Mr MacKenzie) requested from Comhairle nan Eilean Siar (the Council) a specified Opinion of Senior Counsel and related information. The Council provided some information, but withheld . .
SIC Failure to respond to request and request for review – This decision considers whether the Scottish Public Services Ombudsman (SPSO) complied with the technical requirements of the Freedom of Information . .
Mr R requested from Orkney Islands Council (the Council) information relating to Equal Opportunities. He also asked for other information relating to him which does not form part of this Decision. The Council initially failed to respond but later . .
SIC Failure to respond to a request within the required timescale – This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information . .
Mr McNally requested from City Building (Glasgow) LLP (CBG) information relating to improvement works carried out at a specified address. CBG responded by providing some information. However, CBG advised Mr McNally that the remainder of the . .
SIC Mr John R Gowans requested all the information Falkirk Council (the Council) held regarding the death of his son, Craig Gowans. The Council relied upon sections 34(1)(a), 34(1)(b), 34(2)(b) and 38(1)(b) of . .
SIC Failure to respond to request and request for review – This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) . .
SIC Caithness Blood Bank – Ms Jacques requested information from the Scottish Ministers (the Ministers) relating to the closure of Caithness Blood Bank. The Ministers responded by releasing some information but . .
SIC Childhood leukaemia statistics in Dumfries and Galloway – This decision replaces Decision 021/2005 Michael Collie and the Common Services Agency for the Scottish Health Service issued by the Commissioner in . .
SIC Mrs June Quinn requested from Dumfries and Galloway Council (the Council) information pertaining to a complaint that she had made against a named police officer. The Council withheld the information under a . .
Mr Lauchlan requested from the Scottish Prison Service (the SPS) copies of documents setting out SPS policy or guidance as to contact between same sex partners. The SPS responded by providing Mr Lauchlan with a notice under section 17 of the Freedom . .
This decision relates to a request from Mr Edwards for the contents of a file held by the Scottish Ministers, i.e. file IMI 2/11: Security and the Terrorist Threat. The Ministers released 13 documents from the file to Mr Edwards, five of which had . .
SIC Emerging and Residual Threat Local Profile (Ertlp): Failure To Respond Within Statutory Timescales – On 30 August 2015, Mr Alastair Tibbitt asked Shetland Islands Council (the Council) for information about . .
Mr Rule requested from the Scottish Ministers (the Ministers) correspondence held by or on behalf of the First Minister’s Office relating to Event Scotland, Historic Scotland or Visit Scotland. The Ministers responded by releasing several documents . .
Mr Cooney requested from the Police Complaints Commissioner for Scotland (the PCCS) information relating to the number of complaints that the PCCS had received regarding police forces and police authorities in Scotland and how those complaints had . .
Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976
Recognition of illegitimate children The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. A recognised ‘illegitimate’ child’s rights of inheritance on … Continue reading Marckx v Belgium: ECHR 13 Jun 1979
Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .