16 January 2026
Scottish Information Commissioner, David Hamilton issued the Scottish Government with a warning letter following their failure to comply with the requirements of Decision 281/2025 within the legal required timescale.
The decision concerned a request for communications and information relating to the James Hamilton Report and associated published legal advice. The Commissioner found that the Sottish Government was not entitled to withhold some information requested and was required to justify to the requester why it would be too costly to respond to part of the request. Compliance was required by 15 January 2026.
Commenting on this case, Commissioner David Hamilton said:
" I have now instructed the commencement of our non-compliance procedures following a late intimation to me that the Scottish Government would fail to meet the deadline set.
"I am of the view that the Scottish Government practice of last-minute communication on cases relating to the Hamilton Inquiry reflects poorly on the Ministers and disrespects the applicant and wider Scottish public on a matter of significant public interest
"If the Scottish Government fail to comply with my decision by 22 January 2026, I will not hesitate to refer the matter to the Court of Session. The Court may investigate the matter and treat the failure to comply as contempt of court."
