Decisions Round-up: 27 April to 1 May 2015

We published two decisions this week - here are the learining points:


Key messages:

  • Don't forget the FOI timescales
    We've recently seen a reduction in the number of appeals made to us because an authority has failed to respond to a requester within the timescales set down by the Act. However, as can be seen in Decision 057/2015, these cases do still arise. In this case, the authority acknowledged the request - and request for review - but failed to respond to either in time.


  • A bit of explanation can help
    In Decision 056/2015, we found that the authority didn't hold a copy of a report about work to be carried out on a property. From what the requester had been told, it was reasonable for her to expect that the report did exist. If the authority had explained more about its procedures for instructing works, it is likely that the requester would have accepted the explanation and not begun an appeal. Because the authority didn't do this, we found it had failed to give adequate advice and assistance.


Decisions issued:


  • Decision 056/2015 Jackie Baillie MSP and Police Scotland
    Jackie Baillie MSP asked Police Scotland for information about the proposed merger of its L and K Divisions. Police Scotland failed to respond to Ms Baillie's request or request for review within the timescales allowed by the Act. Police Scotland carried out a review after we notified them of Ms Baillie's application. Ms Baillie has now made a new application to us as she disagrees with the outcome of the review.


  • Decision 057/2015 Margaret Scott and East Dunbartonshire Council
    Mrs Scott asked the Council for a report by a contractor on remedial works to be carried out to her bathroom. The Council told Mrs Scott that it didn't hold a copy of the report. Following an investigation, we were satisfied that this was the case. However, we found that the Council had failed to give Mrs Scott adequate advice and assistance in the way it responded to her request.

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