12 November 2025
Scottish Information Commissioner David Hamilton has expressed his frustration with a local authority for its failure to comply with his decision on a freedom of information (FOI) appeal within the required legal timescale. The move comes as the Scottish Parliament considers a Private Member’s Bill which, if successful, would enable the Commissioner the power to refer such failures to the Court of Session – a power which is currently unavailable under Scotland’s FOI laws.
Under FOI law, the Commissioner is required to give public authorities six weeks to comply with his decisions. In a recent decision, the Commissioner ordered East Dunbartonshire Council to respond to a request about the relocation of a local school by no later than 13 October 2025. The Council, however, failed to issue its response to the requester until significantly after that date, with a response eventually being provided on 4 November 2025 - some 22 days after the deadline.
Had the Council failed to issue a response altogether, the Commissioner would have had the power to refer the matter to the Court of Session as a potential contempt of court. Under current provisions, however, the Commissioner has no equivalent power to ask the Court to review a case where timescales are breached if a response has subsequently been issued. In the Commissioner’s view, these circumstances undermine the robust and timely enforcement of Scotland’s FOI laws.
Commenting on this case, Commissioner David Hamilton said:
“I find it extremely frustrating that I am unable to seek appropriate remedial action in circumstances where a public authority has failed to comply with the timescales set out in my FOI decisions. In this case, East Dunbartonshire Council’s extremely late response disrespected both the FOI regulatory processes and FOI Act’s underlying principles of openness and accountability. And, importantly, it also led to the requester facing a further extended delay before receiving information they had requested several months before.
“A failure to comply with my decision timescales is an affront to legislation that is designed to bring transparency and accountability to public bodies. It denies individuals of their rights, undermines our FOI regime and increases the costs to my office. I hope that the Scottish Parliament’s current consideration of the Bill to reform FOI will close this loophole but, in the meantime, public authorities should be aware that I will consider all and any options to ensure that my decisions are complied with in a prompt and timely manner.”
The Private Member’s Bill to reform FOI, which was introduced by Katy Clark MSP, is currently being considered by the Scottish Parliament’s Standards, Procedures and Public Appointments Committee.
The decision for which East Dunbartonshire Council failed to respond in accordance with the Commissioner’s timescales is published on the Commissioner’s website at www.foi.scot/decision-2062025.
The Commissioner's letter to East Dunbartonshire Council in relation to this matter is published here.
