Mr X and Scottish Prison Service [2012] ScotIC 128_2012 (02 August 2012)

The Scottish Prison Service failed to comply with its statutory duty to carry out a review under section 21 of the Freedom of Information (Scotland) Act 2002.

Citation: [2012] ScotIC 128_2012
Parties: Applicant: Mr X; Respondent: Scottish Prison Service
Jurisdiction: Scotland
Judgment Date: 02 August 2012
Procedural Posture: Freedom of Information Review / Decision of Scottish Information Commissioner
Outcome: application upheld
Legal Topics: Freedom of Information, Failure to Carry Out Review

Information Law Administrative Law Freedom of Information Failure to Carry Out Review

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Parties

Mr X

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Decision of Scottish Information Commissioner

Legal Issues

1 Whether the Scottish Prison Service failed to carry out a review as required under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Scottish Prison Service failed to comply with its statutory duty to carry out a review under section 21 of the Freedom of Information (Scotland) Act 2002.

Court Disposition

application upheld

Orders

The Scottish Prison Service is required to carry out a review in accordance with section 21 of the Freedom of Information (Scotland) Act 2002.