Step 5: Dealing with vexatious or repeated requests

A public authority does not have to deal with a request if it is vexatious or repeated (s14).
If a public authority decides that a request is vexatious or repeated, it must issue a refusal notice saying that the request is vexatious or repeated unless it has already given the applicant such a notice in relation to an identical or substantially similar request or, in all the circumstances, it would be unreasonable to expect the public authority to serve a further notice (s16(5)) (see appendix G).
A notice issued under s16(5) must contain details of the applicant's right to ask the public authority to review the decision and to apply to the Commissioner for a decision.
A public authority does not have to comply with a request for review if the original request (or the request for review itself) is vexatious (s21(8)).
If a public authority chooses not to review a case because it is vexatious or repeated, it must issue a notice to the applicant explaining why it is not carrying out a review (s21(9)) (see appendix H). That notice must contain details about the right to refer to the Commissioner and the right to appeal to the Court of Session (s21(10)).