Mr Sandy Smith and Aberdeenshire Council (Risk assessment: failure to respond within statutory timescale...) [2016] ScotIC 088_2016 (20 April 2016)

Aberdeenshire Council breached its statutory duty by failing to respond to the applicant's request within the required timescale.

Source-derived case information.

Citation: [2016] ScotIC 088_2016
Parties: Applicant: Mr Sandy Smith; Respondent: Aberdeenshire Council
Jurisdiction: Scotland
Judgment Date: 20 April 2016
Procedural Posture: Scottish Information Commissioner Decision / Final Decision
Outcome: Complaint upheld
Legal Topics: Statutory Response Times, Risk Assessment, Failure to Respond

Freedom of Information Statutory Response Times Risk Assessment Failure to Respond

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Mr Sandy Smith

Applicant

Aberdeenshire Council

Respondent

Procedural Posture

Scottish Information Commissioner Decision / Final Decision

Legal Issues

1 Whether Aberdeenshire Council failed to respond to a risk assessment request within the statutory timescale under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

Aberdeenshire Council breached its statutory duty by failing to respond to the applicant's request within the required timescale.

Court Disposition

Complaint upheld

Orders

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

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