Challenging a public authority's decision

An applicant who is dissatisfied with the way a public authority dealt with a request for information can request a review of the public authority's actions, its decision [1] or its failure to make a decision. [2]

The request for the review must be made in writing or another permanent form that can be used for subsequent reference, for example on audio or videotape. [3] A request can be made by fax or email so long as it is legible and can be used for subsequent reference. [4] The request must specify:

• the name of the applicant and an address for correspondence

• the request for information to which the review relates

• the reason why the applicant is dissatisfied. [5]

An applicant can request a review within 40 working days of the expiry of the 20 working day period for the public authority to comply with the request. [6]

If provided after the expiry of the 20 working day period, the applicant can request a review within 40 working days of:

• receipt of the information provided in response to the request

• receipt of a fees notice

• receipt of a refusal notice or a notice that the information is not held. [7]

The public authority may consider a late request for a review if it considers it appropriate. [8]

The applicant can withdraw her/his request for a review at any time (in writing) before the public authority reaches it decision on the review. [9]

The public authority can:

• confirm its original decision, or

• substitute a different decision, or

• reach a decision if the applicant's compliant was that there was no decision. [10]

The public authority has 20 working days in which to comply with the request for a review. [11] Staff not involved in the original decision should generally carry out the review. [12]

The public authority is not required to carry out a review if the request for the review is vexatious, or the request for the review relates to a request for information that was considered vexatious or to be a repeated request. [13]

If the public authority is not going to carry out a review for any of these reasons, it must notify the applicant in writing within 20 working days of receiving the request for the review. [14] The notice must contain information on the right of appeal to the Commissioner and to the Court of Session. [15]