Mr A and Scottish Ministers [2017] ScotIC 163_2017 (03 October 2017)

Mr A and Scottish Ministers [2017] ScotIC 163_2017 (03 October 2017)

The Commissioner found that some information was correctly withheld under the exemptions claimed, but other information should have been disclosed as the public interest in disclosure outweighed the interest in maintaining the exemption.

Parties
Applicant: Mr A; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
03 October 2017
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
partially upheld
Legal Topics
Freedom of Information, Public Access to Government Documents
Administrative Law Information Law Freedom of Information Public Access to Government Documents

Case Brief

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Parties

Mr A

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether the Scottish Ministers were entitled to withhold information relating to a feasibility study on Carer's Allowance under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that some information was correctly withheld under the exemptions claimed, but other information should have been disclosed as the public interest in disclosure outweighed the interest in maintaining the exemption.

Court Disposition

partially upheld

Orders

  • The Scottish Ministers are required to disclose the non-exempt information to Mr A.