Complain about us
You can make a complaint to the Commissioner if you are unhappy with the service you have received or the conduct of his staff. Although we hope to get our services right first time we do value feedback and when we have made a mistake we want to put it right. We can accept complaints about any aspect of our services except the Commissioner’s decisions.
Q. How do I make a complaint?
A. If you want to make a formal complaint you should send us a letter or an email to the following address:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Rd
St Andrews
Fife
KY16 8SA
Or email enquiries@itspublicknowledge.info
It would help us if you would mark your letter or email “Complaint”.
We can offer practical help to anyone who has difficulty making a written complaint. You can phone us on 01334 464610 between 9.00 am and 5.00 pm Monday to Friday
Q. What happens after I make a complaint?
A. Your complaint will be passed to a Head of Department to investigate at this stage. We may contact you to clarify the complaint or to ask for more information. You will in any case receive a written acknowledgement.
We will respond to you in full within 20 working days. If we agree that your complaint is justified then we will say so, will apologise and will let you know how we plan to put things right. If we decide that your complaint is not justified, we will say so and let you know why we have reached this view.
Q. What if I’m complaining about a member of staff?
A. If you have complained about a member of our staff then he or she will be told that the complaint has been made and will be given the opportunity to comment. He or she will not otherwise be involved in investigating the complaint.
Q. What can I do if I’m unhappy with the response?
A. If you are not happy with the response from the Head of Department you should make a second stage complaint by writing to the Commissioner at the address above. You should do this within 20 working days of receiving the response. Your letter or email should clearly say why you disagree with the Head of Department’s conclusions.
You will receive an acknowledgement from the Commissioner and you should be provided with a full response within 20 working days. If the Commissioner agrees that your complaint is justified, then he will say so and will let you know how he plans to put things right. If he decides that your complaint is not justified, he will say so and let you know the reasons why he has reached this view.
Q. Why can’t I complain to the Commissioner about a decision?
A. The Commissioner is the independent public official responsible for deciding applications from anyone who is unhappy with the handling of an information request to a Scottish public authority. He investigates the matter and makes a final decision on the case. He cannot change or amend his decisions. He cannot look again at an application once a decision has been issued.
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.
In addition, the Commissioner cannot accept applications that do not meet all the legal requirements as set out in the Act 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 of these 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.