Apply to the Commissioner

You can apply to the Scottish Information Commissioner for a decision if the authority has not responded to your request for a review within the given time, or if you are unhappy with the outcome of the review.

 

You should use the response calculator on the right to ensure you have waited the correct number of working days before making an application.

What to write

• I would like to see a sample letter for appealing

What next?

The Commissioner cannot take action until you have allowed the authority 20 working days to reply.

• Use the response calculator, on the right, to calculate when you should expect a response.

You should make your application to the Commissioner within six months of receiving the authority's response to your request for review (or the date by which it should have responded to you).

Response to your application

If the Commissioner decides to investigate your request, he will aim to reach a decision within four months from the date of your appeal.

 

He may not investigate your appeal if:

• he believes you have not fully used the authority's review procedure
• your original request was frivolous (not a serious request for information)
• your original request was vexatious (intended to cause trouble)
• he thinks you have withdrawn or abandoned your appeal
• your appeal is made more than six months after the authority's response to your request for review

What if I'm unhappy with the outcome?

If you are unhappy with the Commissioner's decision or how the investigation was carried out, please see  

Complaining about a decision made by the Scottish Information Commissioner