Ms Jacqueline Carter Brown and West Lothian Council [2017] ScotIC 189_2017 (14 November 2017)

West Lothian Council breached its statutory duty by failing to respond to the applicant's request within the prescribed timescale.

Source-derived case information.

Citation: [2017] ScotIC 189_2017
Parties: Applicant: Ms Jacqueline Carter Brown; Respondent: West Lothian Council
Jurisdiction: Scotland
Judgment Date: 14 November 2017
Procedural Posture: Scottish Information Commissioner Decision / Final Decision
Outcome: Complaint upheld
Legal Topics: Statutory Response Times, Public Authority Obligations

Freedom of Information Statutory Response Times Public Authority Obligations

Source-derived case record

Summary, issues, holding and outcome

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

Parties

Ms Jacqueline Carter Brown

Applicant

West Lothian Council

Respondent

Procedural Posture

Scottish Information Commissioner Decision / Final Decision

Legal Issues

1 Whether West Lothian Council failed to respond to a Freedom of Information request within the statutory timescales

Ratio Decidendi

West Lothian Council breached its statutory duty by failing to respond to the applicant's request within the prescribed timescale.

Court Disposition

Complaint upheld

Orders

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

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