Decisions Round-up: 13 to 17 January 2014
Read the learning points from the Commissioner's first three decisions of 2014.
Key messages:
Decisions issued:
- Decision 001/2014 - Ross Gilligan and the Scottish Ministers
Mr Gilligan asked the Ministers for correspondence which was either with or about Sir Brian Souter. When no response was provided within 20 working days, Mr Gilligan requested a review. The Ministers then responded to parts, but not all, of Mr Gilligan’s request. Mr Gilligan appealed to the Commissioner, and further information was identified and released during our investigation. We subsequently found that no further information was held.
- Decision 002/2014 – Mr X and the Scottish Prison Service (SPS)
Mr X asked the SPS for information relating to the personal items prisoners have been authorised to use in HMP Edinburgh. Some, but not all, information was provided in response.During our investigation, we found that the SPS had interpreted the request too narrowly. After reconsidering the request, the SPS released some additional information, and argued that the remainder could be withheld on cost grounds. We concluded that the SPS was entitled to apply the excessive cost provision, but also found that it had failed to provide appropriate advice and assistance on what might be provided within the upper cost limit. - Decision 003/2014 – John Munro and East Dunbartonshire Council
The Council failed to respond to a request for information about care services relating to an accident involving Mr Munro. Our decision requires the Council to provide a response.
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