Mr P and Scottish Prison Service ("Legal" or "privileged" correspondence to prisoners: failure to respond within statutory timescales...) [2017] ScotIC 098_2017 (22 June 2017)

Mr P and Scottish Prison Service ("Legal" or "privileged" correspondence to prisoners: failure to respond within statutory timescales...) [2017] ScotIC 098_2017 (22 June 2017)

The Scottish Prison Service 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 20 working days.

Source-derived case information.

Citation
[2017] ScotIC 098_2017
Parties
Applicant: Mr P; Respondent: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
22 June 2017
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
application upheld
Legal Topics
Freedom of Information, Prisoners' Rights, Statutory Time Limits
Information Law Prison Law Freedom of Information Prisoners' Rights Statutory Time Limits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr P

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

Legal Issues

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

Ratio Decidendi

The Scottish Prison Service 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 20 working days.

Court Disposition

application upheld

Orders

  • The Scottish Prison Service must issue a response to the applicant's request for information in accordance with the Freedom of Information (Scotland) Act 2002.