10 November 2026
Scottish Information Commissioner David Hamilton has instructed solicitors to begin preparations to refer a freedom of information (FOI) failure by NHS Highland to the Court of Session.
The move comes after NHS Highland failed to meet the disclosure timescale set out in an FOI decision issued by the Commissioner. In that decision - which concerned a request for information about the management of a local medical centre - the Commissioner required that NHS Highland disclose some of the requested information by 22 October 2026.
Following the health board’s failure to meet this timescale, the Commissioner has taken the decision to refer the matter to the Court.
David Hamilton said:
“It’s extremely disappointing that NHS Highland has failed to meet the timescale set out in my decision. While the board has indicated that it intends to disclose the information, it has not done so in time, and has not been able to provide a satisfactory explanation for this delay.
“FOI is a tool which allows people to access public information and hold public organisations to account. When public bodies fail to comply with FOI timescales, they fail in their duty to be transparent, open and accountable to the public. I have, therefore, instructed my solicitors to refer the matter to the Court.
“The timely provision of information under FOI is vitally important for service-users and the wider community, and I will take every step necessary to ensure that public bodies effectively meet their duties under the law.”
