Ms W and West Lothian Council (Dogs and Dog Waste Bins: failure to respond within statutory timescales...) [2016] ScotIC 170_2016 (01 August 2016)

Ms W and West Lothian Council (Dogs and Dog Waste Bins: failure to respond within statutory timescales...) [2016] ScotIC 170_2016 (01 August 2016)

West Lothian Council failed to comply with the statutory requirement to respond to Ms W's information request within 20 working days, breaching section 10(1) of the Freedom of Information (Scotland) Act 2002.

Citation
[2016] ScotIC 170_2016
Parties
Applicant: Ms W; Respondent: West Lothian Council
Jurisdiction
Scotland
Judgment Date
01 August 2016
Procedural Posture
Freedom of Information Appeal / Decision by Scottish Information Commissioner
Outcome
Complaint upheld
Legal Topics
Statutory Time Limits, Public Authority Duties, Failure to Respond
Administrative Law Freedom of Information Statutory Time Limits Public Authority Duties Failure to Respond

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Parties

Ms W

Applicant

West Lothian Council

Respondent

Procedural Posture

Freedom of Information Appeal / Decision by Scottish Information Commissioner

Legal Issues

  1. 1 Whether West Lothian Council failed to respond to Ms W's information request within the statutory timescales under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

West Lothian Council failed to comply with the statutory requirement to respond to Ms W's information request within 20 working days, breaching section 10(1) of the Freedom of Information (Scotland) Act 2002.

Court Disposition

Complaint upheld

Orders

  • West Lothian Council must respond to Ms W's information request in accordance with the Act by a specified date