Mr H and Scottish Prison Service [2018] ScotIC 142_2018 (06 September 2018)

Mr H and Scottish Prison Service [2018] ScotIC 142_2018 (06 September 2018)

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

Citation
[2018] ScotIC 142_2018
Parties
Applicant: Mr H; Respondent: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
06 September 2018
Procedural Posture
Freedom of Information Complaint / Decision
Outcome
Complaint upheld
Legal Topics
Statutory Response Times, Public Authority Obligations, Complaints Procedure
Freedom of Information Statutory Response Times Public Authority Obligations Complaints Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mr H

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Freedom of Information Complaint / Decision

Legal Issues

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

Ratio Decidendi

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

Court Disposition

Complaint upheld

Orders

  • The Scottish Prison Service must respond to the applicant's request without further delay.