Investigations performance
Cases closed within 4 months – 2008-2010
| 2008 | 2009 | 2010 | |
| Cases closed without investigation: | |||
| 4 months or less | 121 | 102 | 95 |
| More than 4 months | 4 | 15 | 3 |
| Total cases closed: | 125 | 117 | 98 |
| Cases closed during investigation: | |||
| 4 months or less | 69 | 78 | 95 |
| More than 4 months | 52 | 25 | 14 |
| Total cases closed: | 121 | 103 | 109 |
| Cases closed with decision: | |||
| 4 months or less | 36 | 53 | 87 |
| More than 4 months | 138 | 113 | 162 |
| Total cases closed: | 174 | 166 | 249 |
Section 46 of the FOI Act requires that the Commissioner report to the Scottish Parliament on the number of occasions where a decision has not been made within four months. In 2010, 61% of the cases brought to the Commissioner were closed within four months, with 73% closing within 6 months, and 96% of cases being closed within 12 months.

* In 2009, a small number of cases were excluded from this figure, having been set aside pending the outcome of Court Appeals. Cases which have been set aside in similar circumstances are included in the 2010 figure, as a result of a change in reporting practice.
At the end of 2010 there were eight cases under investigation which exceeded the twelve month period. Of these, three had been set aside during the year pending court rulings on related issues, while a further three cases were linked, originating from a single requester and relating to a similar issue.