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Decision 072/2026

Decision 072/2026:  Recorded crime figures for Western Harbour Midway, Edinburgh – failure to respond


Authority: Chief Constable of the Police Service of Scotland
Case Ref: 202501935
 

Summary

The Applicant asked the Authority for information related to recorded crime figures from 1 July 2020 to 30 June 2025 for the Western Harbour Midway area in Edinburgh.  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 15 July 2025. 
  2. The Authority did not respond to the information request.
  3. On 9 September 2025, 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. On 21 October 2025, the Applicant wrote to the Commissioner, 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 28 October 2025.
  2. The Authority did not provide the Commissioner with any submissions.
  3.  However, the Applicant notified the Commissioner that he had received a response to his requirement for review from the Authority on 28 November 2025 which provided him with the information he had asked for in his information request dated 15 July 2025. 
  4. The Applicant confirmed that he still wished to receive a decision from the Commissioner because the Authority had failed to respond within the timescales allowed by FOISA and because he believed that the Authority had only responded when it did as a consequence of communication from the Commissioner.    
  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. As the Authority responded to the Applicant’s requirement for review on 28 November 2025, the Commissioner does not require it to take any further action in relation to the Applicant’s application.
  10. The Commissioner recommends that the Authority considers whether it would be appropriate to apologise to the Applicant for its failure to comply.
  11. The Commissioner would remind Scottish public authorities that 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) expects them to be adequately resourced to support and deliver their FOI duties (paragraph 1.1.4 in Part 2).

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.  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.

 

 

Cal Richardson

Deputy Head of Enforcement 

 

22 April 2026

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