Cases closed without decision

* Section 48 excludes applications made to the Commissioner concerning the Commissioner himself; a procurator fiscal; or the Lord Advocate (as head of the systems of crimilar prosecution and investigation of deaths in Scotland).
** A number of applications were deemed invalid in response to an Opinion of the Court of Session.


2009 saw a substantial increase in the proportion of cases closed on the basis that the information request made by the applicant was invalid. This followed a review of cases undertaken by the Commissioner in the light of a judgment issued by the Court of Session at the end of September. The figure is unlikely to be so high next year.

Investigation closures...

Commonly cases conclude with the Commissioner issuing a formal decision setting out his ruling on a case. Sometimes, however, cases will be closed during an investigation, most commonly because the applicant chooses not to go ahead with the case, and either withdraws or abandons it. Cases can also be 'settled' – that is, resolved through a negotiation facilitated by the Commissioner's staff.

For more information on the applications we receive, view our public authority tables.