Mr David Bateman and Scottish Ministers [2018] ScotIC 053_2018 (16 April 2018)

Mr David Bateman and Scottish Ministers [2018] ScotIC 053_2018 (16 April 2018)

The Scottish Ministers failed to comply with the statutory timescales for responding to the applicant's freedom of information request, constituting a breach of their obligations under the Freedom of Information (Scotland) Act 2002.

Source-derived case information.

Citation
[2018] ScotIC 053_2018
Parties
Applicant: Mr David Bateman; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
16 April 2018
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
application upheld
Legal Topics
Freedom of Information, Statutory Response Times
Administrative Law Information Law Freedom of Information Statutory Response Times

Source-derived case record

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Parties

Mr David Bateman

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

  1. 1 Whether the Scottish Ministers failed to respond to a freedom of information request within the statutory timescales

Ratio Decidendi

The Scottish Ministers failed to comply with the statutory timescales for responding to the applicant's freedom of information request, constituting a breach of their obligations under the Freedom of Information (Scotland) Act 2002.

Court Disposition

application upheld

Orders

  • Scottish Ministers must respond to the applicant's request in accordance with the Act