Roy Mackay and Scottish Borders Council [2014] ScotIC 058_2014 (06 March 2014)

Roy Mackay and Scottish Borders Council [2014] ScotIC 058_2014 (06 March 2014)

The Scottish Borders Council failed to comply with the statutory requirement to respond to the applicant's request for information within the timescales specified by the Freedom of Information (Scotland) Act 2002.

Citation
[2014] ScotIC 058_2014
Parties
Applicant: Roy Mackay; Respondent: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
06 March 2014
Procedural Posture
Freedom of Information Appeal / Final Decision
Outcome
Appeal upheld
Legal Topics
Statutory Time Limits, Public Authority Obligations, Access to Information
Administrative Law Freedom of Information Statutory Time Limits Public Authority Obligations Access to Information

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Parties

Roy Mackay

Applicant

Scottish Borders Council

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

  1. 1 Whether the Scottish Borders Council failed to respond to a request for information within the statutory timescales under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Scottish Borders Council failed to comply with the statutory requirement to respond to the applicant's request for information within the timescales specified by the Freedom of Information (Scotland) Act 2002.

Court Disposition

Appeal upheld

Orders

  • The Scottish Borders Council is required to respond to the applicant's request for information in accordance with the Freedom of Information (Scotland) Act 2002.