Mr Hunter and Scottish Ministers (Correspondence on PM’s visit: failure to respond within statutory timescales...) [2017] ScotIC 004_2017 (12 January 2017)

Mr Hunter and Scottish Ministers (Correspondence on PM’s visit: failure to respond within statutory timescales...) [2017] ScotIC 004_2017 (12 January 2017)

The Scottish Ministers failed to comply with their statutory duty to respond to the applicant’s request within the time required by the Freedom of Information (Scotland) Act 2002.

Citation
[2017] ScotIC 004_2017
Parties
Applicant: Mr Hunter; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
12 January 2017
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
application upheld
Legal Topics
Freedom of Information, Statutory Time Limits, Public Authority Obligations
Administrative Law Information Law Freedom of Information Statutory Time Limits Public Authority Obligations

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Parties

Mr Hunter

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

Legal Issues

  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 their statutory duty to respond to the applicant’s request within the time required by the Freedom of Information (Scotland) Act 2002.

Court Disposition

application upheld

Orders

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