Mr G and Scottish Prison Service [2012] ScotIC 073_2012 (19 April 2012)

The Scottish Prison Service failed to comply with its statutory duty to carry out a review under section 21 of the Freedom of Information (Scotland) Act 2002.

Source-derived case information.

Citation: [2012] ScotIC 073_2012
Parties: Applicant: Mr G; Respondent: Scottish Prison Service
Jurisdiction: Scotland
Judgment Date: 19 April 2012
Procedural Posture: Freedom of Information Review / Decision
Outcome: application upheld
Legal Topics: Freedom of Information, Failure to Carry Out Review

Administrative Law Information Law Freedom of Information Failure to Carry Out Review

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Mr G

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Decision

Legal Issues

1 Whether the Scottish Prison Service failed to carry out a review as required under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Scottish Prison Service failed to comply with its statutory duty to carry out a review under section 21 of the Freedom of Information (Scotland) Act 2002.

Court Disposition

application upheld

Orders

The Scottish Prison Service must carry out a review in accordance with section 21 of the Freedom of Information (Scotland) Act 2002.

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