Linda Nicholson and Scottish Borders Council [2014] ScotIC 148_2014 (08 July 2014)

Linda Nicholson and Scottish Borders Council [2014] ScotIC 148_2014 (08 July 2014)

The Council failed to comply with section 10(1) of the Freedom of Information (Scotland) Act 2002 by not responding to the applicant's request within the statutory timescale.

Citation
[2014] ScotIC 148_2014
Parties
Applicant: Linda Nicholson; Respondent: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
08 July 2014
Procedural Posture
Freedom of Information Appeal / Final Decision
Outcome
Request upheld
Legal Topics
Statutory Time Limits, Public Authority Duties
Administrative Law Freedom of Information Statutory Time Limits Public Authority Duties

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Parties

Linda Nicholson

Applicant

Scottish Borders Council

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

  1. 1 Whether Scottish Borders Council failed to respond to a request for information within statutory timescales under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Council failed to comply with section 10(1) of the Freedom of Information (Scotland) Act 2002 by not responding to the applicant's request within the statutory timescale.

Court Disposition

Request upheld

Orders

  • The Council is required to respond to the applicant's request in accordance with Part 1 of FOISA, by issuing a notice under section 21(1) of FOISA or providing the information requested, within 35 days of the date of this decision.