SIC Final plans of new sports facilities at Peebles High School: failure to respond within statutory timescales – On 8 April 2014, Ms Nicholson asked Scottish Borders Council (the Council) for information about the final plans for the new sports facilities at Peebles High School. This decision finds that the Council failed to respond to … Continue reading Nicholson v Scottish Borders Council: SIC 8 Jul 2014
SIC Equality Impact Assessment Report: failure to respond within statutory timescales – On 20 February 2014, Mrs Bauld asked East Dunbartonshire Council (the Council) for the Equality Impact Assessment Reports relating to primary class sizes and the reduction of classroom assistant ratios. This decision finds that the Council failed to respond to the requirement for … Continue reading Bauld v East Dunbartonshire Council: SIC 11 Jun 2014
SIC Planning application: failure to respond within statutory timescales – On 3 March 2014, Mrs W asked East Dunbartonshire Council (the Council) for information about a planning application. 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) and the … Continue reading W v East Dunbartonshire Council: SIC 8 Jul 2014
SIC Inspection records: failure to respond within statutory timescales – On 6 February 2014, Morisons Solicitors, on behalf of Mr Meechan, asked East Dunbartonshire Council (the Council) for maintenance and inspection records for the grounds and garden of a particular property. This decision finds that the Council failed to respond to the request within the … Continue reading Meechan v East Dunbartonshire Council: SIC 8 Jul 2014
SIC Raigmore Hospital – staff recruitment: failure to respond within statutory timescales – On 5 March 2014, Mr Sabato asked Highland Health Board (NHS Highland) for details of advertised posts at Raigmore Hospital in 2013-2014. This decision finds that NHS Highland failed to respond to the request within the timescale allowed by the Freedom of … Continue reading Sabato v Highland Health Board: SIC 28 May 2014
Cadet pension schemes: failure to respond within statutory timescales – On 28 January 2014, Mr Ostler asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information about cadet pension schemes. This decision finds that Police Scotland failed to comply with Mr Ostler’s requirement for review within the timescale set down by … Continue reading Ostler v Chief Constable of The Police Service of Scotland: SIC 12 Jun 2014
SIC Assessor’s role and salary: failure to respond within statutory timescales – On 25 January 2014, Mr Quinn asked the Assessor for Lanarkshire Valuation Joint Board (the Assessor) for information about the Assessor’s role and who paid Assessors’ salaries. This decision finds that the Assessor failed to respond to the request within the timescale allowed … Continue reading Quinn v Assessor for Lanarkshire Valuation Joint Board: SIC 16 Jun 2014
SIC Ministerial dealings with Entrepreneurial Spark: failure to respond within statutory timescales – On 28 December 2013, Mr Hutcheon asked the Scottish Ministers (the Ministers) for information on the Minister for Education and Lifelong Learning’s visits to Entrepreneurial Spark’s Ayrshire and Edinburgh Hatcheries, and for correspondence between the Minister and that organisation. This decision finds … Continue reading Hutcheon v Scottish Ministers (2): SIC 23 May 2014
SIC Cost of Vale of Leven Inquiry: failure to respond within statutory timescales – On 14 February 2014, Ms Buckland asked the Scottish Ministers (the Ministers) for information about the cost of the Vale of Leven Inquiry. This decision finds that the Ministers failed to respond to the request within the timescale allowed by the … Continue reading Buckland v Scottish Ministers: SIC 4 Jun 2014
SIC Communications on policy and energy meetings between the First Minister and Iberdrola: Failure to respond within statutory timescales – On 24 December 2013, Mr Hutcheon asked the Scottish Ministers (the Ministers) for communications between the First Minister and the Chairman of Iberdrola on issues relating to policy and energy, and meetings between the Scottish … Continue reading Hutcheon v Scottish Ministers: SIC 23 May 2014
SIC Comments about the Northern Isles Ferry Service: failure to respond within statutory timescales – On 5 February 2014, Mr Bevington asked the Scottish Ministers (the Ministers) for information relating to the Northern Isles Ferry Service. This decision finds that the Ministers failed to respond to the request within the timescale allowed by the Freedom … Continue reading Bevington v Scottish Ministers: SIC 16 Jun 2014
SIC Complaints against school departments: failure to respond within statutory timescales – On 19 February 2014, Dr Dunbar asked Scottish Borders Council (the Council) for information concerning complaints made against school departments in each of the previous five years. This decision finds that the Council failed to respond to the request within the timescale allowed … Continue reading Dunbar v Scottish Borders Council: SIC 17 Jun 2014
SIC ‘Team Scotland’ visit to Chicago and the Ryder Cup: failure to respond within statutory timescales – On 28 January 2014, Mr Picken asked the Scottish Ministers (the Ministers) for information about accommodation arrangements for officials and Ministers attending visits to Chicago and the Ryder Cup. This decision finds that the Ministers failed to respond … Continue reading Picken v Scottish Ministers: SIC 11 Jun 2014
SIC Notification to Parliament: failure to respond within statutory timescales – On 22 January 2014, Mr Quinn asked the Scottish Ministers (the Ministers) if the Cabinet Secretary for Rural Affairs and the Environment had notified the Parliament about certain matters concerning his office. This decision finds that the Ministers failed to respond to the request … Continue reading Quinn v Scottish Ministers: SIC 23 May 2014
SIC Documentary Series ‘Crime Scenes Scotland’: failure to respond within statutory timescales – On 4 November 2013, Mr J asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information about the production of the BBC documentary series ‘Crime Scenes Scotland’. This decision finds that Police Scotland failed to respond to the … Continue reading J v Chief Constable of The Police Service of Scotland: SIC 15 May 2014
SIC Cost of First Minister’s trip to China: failure to respond within statutory timescales. On 8 January 2014, Mr Christison asked the Scottish Ministers (the Ministers) for information about the total cost incurred on the First Minister’s trip to China. This decision finds that the Ministers failed to respond to the request within the timescale … Continue reading Christison v Scottish Ministers: SIC 23 May 2014
The West Highland Free Press requested from the Scottish Ministers (the Ministers) all communications between Ministers and within the Scottish Government concerning the appointment of a chairman to the Gaelic Media Service. The Ministers responded by withholding some of the information under various exemptions in the Freedom of Information (Scotland) Act 2002 (FOISA), arguing that … Continue reading West Highland Free Press and Scottish Ministers: SIC 9 Nov 2009
This decision considers whether the Scottish Ambulance Service Board (the SASB) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to information request made by Mr R. [2009] ScotIC 115 – 2009 Bailii Scotland Information Updated: 16 December 2021; Ref: scu.434066
Mr Y asked Highland Council (the Council) for information about meetings between Councillors and Council officials and representatives of Tesco, in relation to a particular planning application. The Council provided answers to most of Mr Y’s questions, but did not address one of his requests to his satisfaction. Following a review, the Council advised Mr … Continue reading Y and Highland Council: SIC 17 Dec 2009
Mr E requested from the Chief Constable of Tayside Police (Tayside Police) information relating to a police investigation. Tayside Police responded by informing Mr E that this was a repeated request and therefore subject to section 14(2) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr E remained dissatisfied and applied … Continue reading E and Chief Constable of Tayside Police: SIC 17 Dec 2009
Mr X requested from West Dunbartonshire Council (the Council) information relating to a complaint which he and his wife had made about a nuisance odour from a specified address. The Council withheld the information under various exemptions in the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr X remained dissatisfied and applied … Continue reading X and West Dunbartonshire Council: SIC 11 Sep 2009
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 … Continue reading P v Stirling Council: SIC 5 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 … Continue reading X v Scottish Prison Service: SIC 6 May 2014
SIC On 15 July 2013, Mr MacPherson asked the Scottish Ministers (the Ministers) for information on legal advice. The Ministers responded by withholding the information under the FOISA exemptions relating to legal professional privilege and the effective conduct of public affairs. Following an investigation, the Commissioner accepted this. [2014] ScotIC 103 – 2014 Bailii Freedom … Continue reading Alisdair Macpherson v Scottish Ministers: SIC 12 May 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 … Continue reading Musson v Moray Council: SIC 23 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 … Continue reading Parkhill v Scottish Ambulance Service Board: SIC 11 Apr 2014
This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr Hutcheon. [2013] ScotIC 275 – 2013 Bailii Scotland Information Updated: 01 December 2021; Ref: scu.522832
This decision considers whether Highland Health Board (NHS Highland) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr Sergio Sabato (Mr Sabato). [2013] ScotIC 265 – 2013 Bailii Scotland, Information Updated: 01 December 2021; Ref: scu.522814
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 … Continue reading Thompson v City of Edinburgh Council: SIC 4 Mar 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 … Continue reading Jock Meikle and Scottish Ministers: SIC 19 Feb 2014
Significant Case Review: failure to respond within statutory timescales – On 25 October 2013, Mrs R asked Stirling Council (the Council) for information about a Significant Case Review. This decision finds that the Council failed to respond to Mrs R’s request for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 … Continue reading R v Stirling Council: SIC 6 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 … Continue reading Graham and Avril Fisher v Falkirk Council: SIC 26 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 … Continue reading Andrew Picken and Scottish Ministers: SIC 19 Feb 2014
Mr David Emslie (Mr Emslie) requested from The Police Complaints Commissioner for Scotland (the PCCS) information relating to the PCCS and its communications with certain other specified bodies. The PCCS responded by releasing some of the information requested, and notified Mr Emslie in terms of section 17 of the Freedom of Information (Scotland) Act 2002 … Continue reading Emslie and The Police Complaints Commissioner for Scotland: SIC 23 Jul 2009
This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Ms Jones. [2009] ScotIC 073 – 2009 Bailii Scotland Information Updated: 30 November 2021; Ref: scu.434019
This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Ms Jones. [2009] ScotIC 072 – 2009 Bailii Scotland Information Updated: 30 November 2021; Ref: scu.434018
This decision considers whether North Lanarkshire Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to a requirement for review in relation to an information request made by Mr William Stewart. [2009] ScotIC 143 – 2009 Bailii Scotland Information Updated: 30 November 2021; Ref: scu.434096
Ms T requested copies of the Chief Executive of Culture and Sport Glasgow (CSG)’s correspondence between two dates from CSG. CSG responded by stating that the cost of complying with this request would exceed the cost limit set for the purposes of section 12(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) and that … Continue reading T and Culture and Sport Glasgow: SIC 30 Jun 2009
This decision considers whether Tayside NHS Board (NHS Tayside) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr Stewart. [2009] ScotIC 129 – 2009 Bailii Scotland Information Updated: 30 November 2021; Ref: scu.434081
Professor Pollock requested from the Scottish Ministers (the Ministers) a copy of the contract between the Scottish Government and PricewaterhouseCoopers LLP (PwC) for the ‘Scottish Patient Experience Programme Technical Partner’. The Ministers responded by providing the information subject to redaction under sections 33, 36 and 38 of the Freedom of Information (Scotland) Act 2002 (FOISA). … Continue reading Professor Pollock and Scottish Ministers: SIC 17 Dec 2009
Numbers of internal and external candidates appointed to permanent and temporary vacancies advertised by North Lanarkshire Council – section 12 of the Freedom of Information (Scotland) Act 2002 (Excessive cost of compliance) applied – upheld by the Commissioner [2008] ScotIC 012 – 2008 Bailii Scotland Information Updated: 28 November 2021; Ref: scu.434100
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 [2008] 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 [2008] 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. [2013] 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). [2013] 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 [2013] 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 . .
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 . .
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
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
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
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
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 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 . .
