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Scotland

Challenging a public authority's decision

The Freedom of Information (Scotland) Act 2002 includes provisions for challenging public authority decisions.

This content applies to Scotland

Requesting a review

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's duties

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]

Reasons for refusing to carry out a review

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]

Last updated: 17 February 2020

Footnotes

  • [1]

    s.20(1) Freedom of Information (Scotland) Act 2002

  • [2]

    s.20(9) and s.20(6) Freedom of Information (Scotland) Act 2002

  • [3]

    s.20(3)(a) Freedom of Information (Scotland) Act 2002

  • [4]

    s.20(4) Freedom of Information (Scotland) Act 2002

  • [5]

    s.20(3)(b) and (c) Freedom of Information (Scotland) Act 2002

  • [6]

    s.20(5)(a) Freedom of Information (Scotland) Act 2002

  • [7]

    s.20(5)(b) Freedom of Information (Scotland) Act 2002

  • [8]

    s.20(6) Freedom of Information (Scotland) Act 2002

  • [9]

    s.21(3) Freedom of Information (Scotland) Act 2002

  • [10]

    s.21(4) Freedom of Information (Scotland) Act 2002

  • [11]

    s.21(1) Freedom of Information (Scotland) Act 2002

  • [12]

    para. 66 Code of Practice of the Discharge of Functions by Scottish Public Authorities

  • [13]

    s.21(8) Freedom of Information (Scotland) Act 2002

  • [14]

    s.21(9) Freedom of Information (Scotland) Act 2002

  • [15]

    s.29(10) Freedom of Information (Scotland) Act 2002