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Decision 069/2026

Decision 069/2026:  Requests for policies – failure to respond

Authority: Fairfield Medical Practice
Case Ref: 202600414  
 

Summary

The Applicant asked the Authority for various information about several of its policies.  This decision finds that the Authority failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that the Authority failed to comply with the Applicant’s requirement for review within the timescale set down by FOISA.

Background

  1. The Applicant made an information request to the Authority on 10 November 2025. 
  2. The Authority did not respond to the information request.
  3. On 16 January 2026, the Applicant wrote to the Authority requiring a review in respect of its failure to respond.
  4. The Applicant did not receive a response to his requirement for review.
  5. The Applicant wrote to the Commissioner on 4 March 2026, stating that he was dissatisfied with the Authority’s failure to respond and applying to the Commissioner for a decision in terms of section 47(1) of FOISA.   
  6. The Commissioner determined that the application complied with section 47(2) of FOISA and that he had the power to carry out an investigation. 

Investigation

  1. Section 49(3)(a) of FOISA requires the Commissioner to notify public authorities of an application and to give them an opportunity to comment.  The Commissioner did this on 5 March 2026. 
  2. The Commissioner received submissions from the Authority on 19 March 2026.  These submissions are considered below.
  3. The Authority acknowledged that it did not issue a specific response to the request. However, the Authority said that it had communicated extensively with the Applicant both before and after that date and that it had consistently attempted to open a constructive dialogue to clarify and better understand the nature and purpose of his information requests. 
  4. The Authority highlighted that it had received a large and sustained volume of challenging correspondence from the Applicant.  Given this context, the Authority considered it unreasonable to substantively respond to all of the Applicant’s requests.  However, the Authority did not suggest that any provision of FOISA permitted it to not substantively respond to the Applicant’s request or requirement for review in this case.
  5. Section 10(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the request to comply with a request for information.  This is subject to qualifications which are not relevant in this case.   
  6. It is a matter of fact that the Authority did not provide a response to the Applicant’s request for information within 20 working days, so the Commissioner finds that it failed to comply with section 10(1) of FOISA.
  7. Section 21(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the requirement to comply with a requirement for review.  Again, this is subject to qualifications which are not relevant in this case.  
  8. It is a matter of fact that the Authority did not provide a response to the Applicant’s requirement for review within 20 working days, so the Commissioner finds that it failed to comply with section 21(1) of FOISA.
  9. The remainder of section 21 of FOISA sets out the requirements to be followed by a Scottish public authority in carrying out a review.  As no review has been carried out in this case, the Commissioner finds that the Authority failed to discharge these requirements: he now requires a review to be carried out in accordance with section 21.

Decision 

The Commissioner finds that the Authority failed to comply with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA) in dealing with the information request made by the Applicant.  In particular, the Authority failed to respond to the Applicant’s request for information and requirement for review within the timescales laid down by sections 10(1) and 21(1) of FOISA.  The Commissioner requires the Authority to carry out a review in terms of section 21 of FOISA, by 1 June 2026.

Appeal

Should either the Applicant or the Authority wish to appeal against this decision, they have the right to appeal to the Court of Session on a point of law only.  Any such appeal must be made within 42 days after the date of intimation of this decision.

Enforcement 

If the Authority fails to comply with this decision, the Commissioner has the right to certify to the Court of Session that the Authority has failed to comply.  The Court has the right to inquire into the matter and may deal with the Authority as if it had committed a contempt of court.

 

 

Cal Richardson

Deputy Head of Enforcement 


17 April 2026