Applications overview
Anyone seeking information from Scottish public authorities can bring an application to the Commissioner if they are unhappy with the way in which an authority has dealt with their request. On receipt of a valid application, the Commissioner will investigate, and has the power to force the release of information if he finds that an authority has acted incorrectly.
Case disposal by stage 2005 – 2009
| 2005 | 2006 | 2007 | 2008 | 2009 | |
| No. of cases | No. of cases | No. of cases | No. of cases | No. of cases | |
| Brought forward from previous year: | 0 | 338 | 299 | 183 | 130 |
| New applications: | 580 | 512 | 482 | 367 | 421 |
| Total caseload: | 580 | 850 | 781 | 550 | 551 |
| Cases closed without investigation: | |||||
| Frivolous or vexatious | 1 | 3 | 2 | 0 | 0 |
| Premature or out of time | 5 | 12 | 43 | 17♦ | 18 |
| Withdrawn or abandoned | 14 | 51 | 54 | 19 | 11 |
| Settled | 0 | 1 | 2 | 0 | 0 |
| Excluded under s48 | 6 | 10 | 7 | 10 | 7 |
| Insufficient detail to investigate | 46 | 61 | 27 | 20♦♦ | 11 |
| Body not covered | 7 | 19 | 11 | 18 | 6 |
| No request for review made | 18 | 55 | 63 | 34 | 35 |
| No request to public authority | 1 | 6 | 4 | 7 | 28† |
| Other deficiency | 2 | 2 | 1 | 0 | 1 |
| Sub-Total: | 100 | 220 | 214 | 125♦♦♦ | 117 |
| Cases closed during investigation: | |||||
| Withdrawn or abandoned | 12 | 42 | 59 | 51 | 59 |
| Settled | 26 | 36 | 65 | 65 | 41 |
| Frivolous or vexatious | 0 | 1 | 5 | 2 | 1 |
| Other | 6 | 5 | 6 | 3 | 2 |
| Sub-Total: | 44 | 84 | 135 | 121 | 103 |
| Cases closed with decision: | |||||
| For applicant | 33 | 56 | 62 | 37 | 55 |
| For authority | 32 | 104 | 105 | 83 | 57 |
| Partially upheld | 33 | 87 | 82 | 54 | 54 |
| Sub-Total: | 98 | 247 | 249 | 174 | 166 |
| Total cases closed: | 242 (42%) | 551 (65%) | 598 (77%) | 420 (76%) | 386 (70%) |
| Total cases carried forward to next year††: | 338 (58%) | 299 (35%) | 183 (23%) | 130♦♦♦ (24%) | 165 (30%) |
♦ 2008 figure restated – one case reopened during 2009
♦♦ 2008 figure restated – one case reopened during 2009
♦♦♦ 2008 figure restated – two cases reopened during 2009
† Twelve applications were deemed invalid in response to an Opinion of the Court of Session
†† Includes cases under investigation and cases awaiting validation
Application figures – breakdown
Following the high volume of applications to the Commissioner that accompanied the introduction of FOI in 2005, there was a levelling and then a decline in application numbers. This trend was reversed for the first time in 2009, however, with a 15% increase in applications, compared to 2008. This increase in applications is matched by a similar increase in enquiry volumes.
2009 also saw the proportion of applications brought under the EIRs rise significantly on 2008 figures.
Making an application...
Further information on making an application to the Commissioner, and requesting information from public authorities generally, is available from www.itspublicknowledge.info/YourRights.
For more information on the applications we receive, view our public authority tables.
