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Round-up iconDecisions Round-up: 15 to 19 June 2015

 

 

In last week's Round-up, all four of the Commissioner's Decisions were about authorities' failure to respond to requests within the timescales allowed for under the FOI Act. We continue to emphasise the importance of responding to requests on time and point authorities to resources to help them improve.

Key message:

  • Failing to respond is failing to meet a statutory duty
    Two weeks, we reported on three cases where authorities had failed to respond to requesters in line with the timescales set down by the FOI Act, so it's disappointing to have to report on a further four cases last week where the same thing has happened.

    As the Commissioner said in her 2014 Special Report, Failure to Respond to FOI Requests: extent, impact and remedy: "Every failure to respond is a denial of someone's statutory right to information. Every failure to respond is a failure by a Scottish public authority to meet its statutory duty."

    If you need to improve your authority's performance, see our self-assessment toolkit, Module 1: Responding on time.

Decisions issued:

  • Decision 070/2015 Dr Jonathon Chappell and NHS Borders
    Dr Chappell asked NHS Borders about its policies and procedures for protecting staff and patients if staff were diagnosed as suffering from an infection. This decision finds that NHS Borders failed to respond to Dr Chappell's request or subsequent requirement for review within the timescales set down by the FOI Act.
  • Decision 075/2015 Andrew Picken and the Chief Constable of the Police Service of Scotland (Police Scotland)
  • Decision 076/2015 Andrew Picken and the Chief Constable of the Police Service of Scotland (Police Scotland)
  • Decision 077/2015 Andrew Picken and the Chief Constable of the Police Service of Scotland (Police Scotland)

    These three decisions find that Police Scotland failed to respond to Mr Picken's requirements for review within the timescale set down by the FOI Act. All of Mr Picken's requests related to crime and information audits.
  

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