Mr Y and Scottish Prison Service [2013] ScotIC 220_2013 (07 October 2013)

Mr Y and Scottish Prison Service [2013] ScotIC 220_2013 (07 October 2013)

The Scottish Prison Service failed to comply with its statutory duty to respond to the applicant's requirement for review within the timescale set out in the Freedom of Information (Scotland) Act 2002.

Citation
[2013] ScotIC 220_2013
Parties
Applicant: Mr Y; Respondent: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
07 October 2013
Procedural Posture
Freedom of Information Review / Decision on Failure to Respond to Requirement for Review
Outcome
application upheld
Legal Topics
Failure to Respond, Requirement for Review, Public Authority Obligations
Administrative Law Freedom of Information Failure to Respond Requirement for Review Public Authority Obligations

Case Brief

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Parties

Mr Y

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Decision on Failure to Respond to Requirement for Review

Legal Issues

  1. 1 Whether the Scottish Prison Service failed to respond to a requirement for review under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Scottish Prison Service failed to comply with its statutory duty to respond to the applicant's requirement for review within the timescale set out in the Freedom of Information (Scotland) Act 2002.

Court Disposition

application upheld

Orders

  • The Scottish Prison Service must respond to the applicant's requirement for review in accordance with its obligations under the Freedom of Information (Scotland) Act 2002.