Mr P and Scottish Borders Council [2014] ScotIC 224_2014 (23 October 2014)

Mr P and Scottish Borders Council [2014] ScotIC 224_2014 (23 October 2014)

The Council failed to comply with its statutory duty to respond to the applicant's request within the required timescale.

Citation
[2014] ScotIC 224_2014
Parties
Applicant: Mr P; Respondent: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
23 October 2014
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
application upheld
Legal Topics
Statutory Response Times, Public Authority Obligations
Administrative Law Freedom of Information Statutory Response Times Public Authority Obligations

Case Brief

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Parties

Mr P

Applicant

Scottish Borders Council

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether Scottish Borders Council failed to respond to a freedom of information request within the statutory timescale

Ratio Decidendi

The Council failed to comply with its statutory duty to respond to the applicant's request within the required timescale.

Court Disposition

application upheld

Orders

  • The Council must now respond to the applicant's request in accordance with the Act.