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Scotland Case Law

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Information law [2025] ScotIC 194_2025

Dumfries and Galloway Council (Disability awareness - failure to respond)

Dumfries and Galloway Council (Disability awareness - failure to respond) [2025] ScotIC 194_2025 (06 August 2025)

The Scottish Information Commissioner upheld a complaint against Dumfries and Galloway Council for failing to respond to a request about disability awareness.

  • Failure to respond
  • Disability awareness
  • Freedom of information
  • Freedom-of-information
  • Failure-to-respond
  • Disability-law
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Housing law [2025] SCHAM 59

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil)

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil) [2025] SCHAM 59 (10 June 2025)

The sheriff granted South Lanarkshire Council decree for recovery of possession against a tenant convicted of a serious drug offence, holding eviction proportionate under Article 8.

  • Eviction
  • Streamlined eviction procedure
  • Public sector equality duty
  • Proportionality
  • Article 8 echr
  • Reasonable adjustments
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Health law [2023] ScotIC 109_2023

Borders Health Board (Complaints of deliberate deprivation of medical devices to disabled patients with suspected COVID 19)

Borders Health Board (Complaints of deliberate deprivation of medical devices to disabled patients with suspected COVID 19) [2023] ScotIC 109_2023 (09 November 2023)

The Scottish Information Commissioner rejected complaints against Borders Health Board, finding no deliberate deprivation of medical devices and no FOI breach.

  • Freedom of information
  • Access to medical devices
  • Disability rights
  • Covid-19 healthcare
  • Freedom-of-information
  • Disability-rights
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Public law [2020] ScotCS CSIH_51

RECLAIMING MOTION BY TERRI McCUE for JUDICIAL REVIEW AGAINST A DECISION OF GLASGOW CITY COUNCIL

RECLAIMING MOTION BY TERRI McCUE for JUDICIAL REVIEW AGAINST A DECISION OF GLASGOW CITY COUNCIL [2020] ScotCS CSIH_51 (21 August 2020)

The Inner House held that the SPSO jurisdiction did not bar judicial review, but refused the reclaiming motion because the charging policy and DRE approach were lawful.

  • Judicial review
  • Alternative remedy
  • Disability discrimination
  • Community care charges
  • Ombudsman jurisdiction
  • Statutory interpretation
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Administrative law [2019] ScotIC 154_2019

The Applicant and Scottish Public Services Ombudsman

The Applicant and Scottish Public Services Ombudsman [2019] ScotIC 154_2019 (24 October 2019)

The Scottish Information Commissioner dismissed an applicant’s complaint about how the Scottish Public Services Ombudsman handled disability-related education complaints.

  • Disability discrimination
  • Access to further/higher education
  • Public sector ombudsman powers
  • Disability-law
  • Education-law
  • Ombudsman
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Administrative law [2017] ScotSC 8

SA AGAINST CITY OF EDINBURGH COUNCIL

SA AGAINST CITY OF EDINBURGH COUNCIL [2017] ScotSC 8 (07 February 2017)

A sheriff remitted an HMO licence refusal to Edinburgh Council for reconsideration after finding the applicant’s Asperger syndrome required further reasonable adjustments.

  • Houses in multiple occupation (hmo) licensing
  • Reasonable adjustments for disability
  • Statutory duties of local authorities
  • Discrimination based on disability
  • Hmo-licensing
  • Disability-discrimination
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Administrative law [2015] ScotCS CSIH_82

Secretary of State for Work and Pensions v Robertson Court of Session

Secretary of State for Work and Pensions v Robertson Court of Session [2015] ScotCS CSIH_82 (24 November 2015)

The Court of Session dismissed the Secretary of State’s appeal as incompetent, holding that the vires issue did not arise from the Upper Tribunal’s operative decision.

  • Statutory interpretation
  • Ultra vires
  • Discrimination
  • Appeal competency
  • Disability living allowance
  • Mobility component
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Education law [2013] ScotCS CSIH_77

JB (AP) (PARENT OF CHILD CB) v Glasgow City Council

JB (AP) (PARENT OF CHILD CB) v Glasgow City Council [2013] ScotCS CSIH_77 (13 September 2013)

The Inner House refused an appeal over a placing request, holding that speculative 'selling on' value of a school place need not be counted in cost assessment.

  • School placing requests
  • Additional support needs
  • Statutory interpretation
  • Cost assessment in education provision
  • School-placing-requests
  • Additional-support-needs
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Education law [2011] ScotCS CSIH_13

City of Edinburgh Council v MDN

City of Edinburgh Council v MDN [2011] ScotCS CSIH_13 (18 February 2011)

The Inner House refused a Council appeal about a placing request for a child with additional support needs and upheld the Tribunal’s order for Camphill School.

  • Additional support needs
  • Placing requests
  • Special educational provision
  • Reasonableness of public expenditure
  • Tribunal procedure
  • Additional-support-needs
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Education law [2008] ScotCS CSIH_51

WA's Legal Representative v The Highland Council

WA's Legal Representative v The Highland Council [2008] ScotCS CSIH_51 (22 August 2008)

An appeal about whether a child required a co-ordinated support plan under Scottish education law was refused.

  • Additional support needs
  • Co-ordinated support plan (csp)
  • Assessment requests
  • Tribunal procedure
  • Statutory interpretation
  • Education-law
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.