Tom Gordon and Scottish Executive [2006] ScotIC 197_2006 (30 October 2006)

Tom Gordon and Scottish Executive [2006] ScotIC 197_2006 (30 October 2006)

The Scottish Executive failed to comply with its statutory obligations by not responding to the applicant's requests within the required timescales.

Citation
[2006] ScotIC 197_2006
Parties
Applicant: Tom Gordon; Respondent: Scottish Executive
Jurisdiction
Scotland
Judgment Date
30 October 2006
Procedural Posture
Freedom of Information Appeal / Final Decision
Outcome
application upheld
Legal Topics
Failure to Respond, Statutory Timescales, Review Procedures
Administrative Law Freedom of Information Failure to Respond Statutory Timescales Review Procedures

Case Brief

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Parties

Tom Gordon

Applicant

Scottish Executive

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

  1. 1 Whether the Scottish Executive failed to respond to a request for information within the statutory timescales
  2. 2 Whether the Scottish Executive failed to respond to a request for review within the statutory timescales

Ratio Decidendi

The Scottish Executive failed to comply with its statutory obligations by not responding to the applicant's requests within the required timescales.

Court Disposition

application upheld

Orders

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