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 Ministers withheld the information under sections 29(1)(a), 30(b)(i) and 36(1) of the Freedom of Information (Scotland) Act 2002 (FOISA).
Following a review, Mr Watson remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Ministers had dealt with Mr Watson’s request for information in accordance with Part 1 of FOISA, by correctly applying the exemption contained in section 36(1) of FOISA to the withheld information. He did not require the Ministers to take any action.
[2012] ScotIC 032 – 2012)
Bailii
Scotland
Updated: 13 October 2021; Ref: scu.457771
