Mr Gordon Stalker and Angus Council (Lease of South Links Caravan Park, Montrose: failure to respond within statutory timescales...) [2016] ScotIC 228_2016 (27 October 2016)

Mr Gordon Stalker and Angus Council (Lease of South Links Caravan Park, Montrose: failure to respond within statutory timescales...) [2016] ScotIC 228_2016 (27 October 2016)

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

Source-derived case information.

Citation
[2016] ScotIC 228_2016
Parties
Applicant: Mr Gordon Stalker; Respondent: Angus Council
Jurisdiction
Scotland
Judgment Date
27 October 2016
Procedural Posture
Freedom of Information Complaint / Decision
Outcome
Complaint upheld
Legal Topics
Failure to Respond, Statutory Timescales, Public Authority Obligations
Administrative Law Freedom of Information Failure to Respond Statutory Timescales Public Authority Obligations

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Summary, issues, holding and outcome

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Parties

Mr Gordon Stalker

Applicant

Angus Council

Respondent

Procedural Posture

Freedom of Information Complaint / Decision

Legal Issues

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

Ratio Decidendi

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

Court Disposition

Complaint upheld

Orders

  • Angus Council must respond to the applicant's request for information in accordance with the Freedom of Information (Scotland) Act 2002