When we can't investigate

There are some limited circumstances where the Commissioner does not have the power to investigate.

Excluded applications (section 48 of the FOI Act)

The Commissioner can't investigate applications about the handling of information requests by:

The Lord Advocate, Crown Office or a Procurator Fiscal

When we do get applications about these bodies, we will ask them to confirm whether a response has been made. If there has been an unacceptable level of failure to respond on time the Commissioner may issue an enforcement notice.

The Commissioner's own office

Because we can't investigate our own handling of information requests, we take particularly great care at the review stage to make sure that we look in detail at every issue in the handling of information requests. You can read our internal procedures here:

Responding to Information Requests (PDF - 477KB)


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