Complaining about a decision made by the Scottish Information Commissioner

Q.  What if I am unhappy with the Commissioner's decision?

A.  The Commissioner is the independent public official responsible for deciding applications from anyone who is unhappy with the handling an information request to a Scottish public authority. He investigates the matter and makes a final, binding decision on the case. He cannot change or amend his decisions. He cannot look again at an application once a decision has been issued.

 

The Commissioner cannot accept applications that do not meet all the legal requirements e.g, the applicant has not yet made a request for review to the authority. Very rarely the Commissioner may determine that an application should not be considered because it is vexatious or frivolous. In both cases he will send a letter explaining his decision to the applicant and setting out any action that the applicant might take to pursue the case.

 

There is a right of appeal to the Court of Session against the Commissioner's decisions, but only on a point of law. The Commissioner explains this right of appeal to the applicant and the public authority when he issues a decision.
 
Q. Can I complain about the way my appeal was investigated?

A. Yes, the Commissioner can consider complaints about the services he provides and the conduct of his staff.  He has published a complaints procedure which sets out how to complain, and if you are dissatisfied with the outcome, how to make a second stage complaint.  

 

Q. Can I make a complaint to the Scottish Public Services Ombudsman?

A. Yes, you have the right to complain to the SPSO if you believe that the Commissioner or his staff provided a poor service, delivered a service badly, or failed to provide a service. The SPSO will usually ask that you have completed the 2 stages above with us before you make your complaint to her.

 

You should note that she may decide not to pursue consider complaints about the Commissioner's decisions as there is a legal right of appeal to the court.

Q. How do I make a complaint to the SPSO?

A. You should make your complaint to the SPSO within 12 months of receipt of the Commissioner's response by contacting her at:

Scottish Public Services Ombudsman
4 Melville Street
Edinburgh
EH3 7NS
Tel: 0800 377 7330
Fax: 0800 377 7331
Text: 0790 049 4372
ask@spso.org.uk

 

Or complete the online complaint form at www.spso.org.uk