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Decision 071/2026

Decision 071/2026:  Claims regarding Broomload Road – failure to respond


Authority: Glasgow City Council
Case Ref: 202600577
 

Summary

The Applicant asked the Authority for information about the number of claims made against it due to the state of Broomloan Road over a specific timescale. This decision finds that the Authority failed to respond to the request and requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs).

Background

  1. The Applicant made an information request to the Authority on 31 December 2025. 
  2. The Authority did not respond to the information request.
  3. On 8 February 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 23 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.  The enforcement provisions of FOISA apply to the enforcement of the EIRs, subject to specified modifications – see regulation 17.
  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 13 April 2026. 
  2. The Commissioner received submissions from the Authority on 17 April 2026.  These submissions are considered below.
  3. The Authority explained that the information request and subsequent review were missed and that this was an unfortunate technical error.  The Authority accepted that this failure breached the statutory timescales and that despite passing the initial request to the team responsible, a response was never provided. 
  4. The Authority issued a review response to the Applicant 9 April 2026 with the information requested and an apology for its failure to respond within the statutory timescales.  A copy of which was sent to the Commissioner’s Office the following day.
  5. It is apparent from the terms of the request that at least some of the information caught by it will be environmental information as defined by regulation 2(1) of the EIRs.  In Decision 218/2007 Transport Scotland,  the Commissioner confirmed at paragraph 51 that where environmental information is concerned, there are two separate statutory frameworks for access to that information and, in terms of the legislation, an authority is required to consider the request under both FOISA and EIRs.
  6. 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.   The same timescale is laid down by regulation 5(2)(a) of the EIRs.
  7. 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. and regulation 5(2)(a) of the EIRs.
  8. 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.   The same timescale is laid down by regulation 16(4) of the EIRs.
  9. 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. and regulation 16(4) of the EIRs.
  10. The Authority responded to the Applicant’s requirement for review on 9 April 2026, so the Commissioner does not require it to take any further action in relation to the Applicant’s application.
  11. The Commissioner notes that the Authority apologised to the Applicant for its failure to comply.  The Commissioner also notes that the Applicant was disappointed by the failure of the Authority to respond on time as this was his first experience of exercising his rights of access to information.  The Commissioner would highlight here, as always, the importance of getting it right first time.
  12. The Commissioner observes that the initial request was submitted in the middle of the winter festive period, when public offices are often closed, however the request for review was sent in February and was also missed.  The Authority advised that it was sent to the service and the service failed to respond. The Commissioner  would remind authorities that under paragraph 1.1.1 of the Scottish Ministers' Code of Practice on the discharge of functions by Scottish public authorities under FOISA and the Environmental Information (Scotland) Regulations 2004 (the Section 60 Code), FOI should be recognised as a specific statutory corporate function within an authority.  As such, it should receive the necessary levels of organisational support at both strategic and operational levels, as well as sufficient resource, to ensure compliance with Scotland’s access to information regimes.

Decision 

The Commissioner finds that the Authority failed to comply with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA) and with the Environmental Information (Scotland) Regulations 2004 (the EIRs) 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. and regulations 5(2) and 16(4) of the EIRs. Given that the Authority has now responded to the Applicant’s requirement for review, he does not require the Authority to take any action.

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.

 

 

Jill Walker

Deputy Head of Enforcement 

 

21 April 2026

  1. ^

    https://www.foi.scot/decision-2182007

  2. ^

    https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2026/03/foi-eir-section-60-code-practice/documents/foi-eir-section-60-code-practice/foi-eir-section-60-code-practice/govscot%3Adocument/foi-eir-section-60-code-practice.pdf