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Decision 089/2026

Decision 089/2026:  Professional Standards Department investigation – failure to respond


Authority:  Chief Constable of the Police Service of Scotland
Case Ref:  202600196
 

Summary

The Applicant asked the Authority for information about a specified Professional Standards Department (PSD) investigation.  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 22 August 2025. 
  2. The Authority did not respond to the information request.
  3. On 24 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. The Applicant wrote to the Commissioner on 29 January 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 4 February 2026. 
  2. The Commissioner received submissions from the Authority.  These submissions are considered below.
  3. The Authority acknowledged that it had failed to respond to the Applicant’s request and requirement for review.
  4. The Authority explained that 2025 had been an exceptionally busy year with unprecedented demand on its FOI team and the business areas it relied on for information.
  5. The Authority submitted that it endeavoured to respond to requests as soon as possible, but it acknowledged that this exceptional demand meant that, on some occasions, it had been unable to meet the statutory timescales and that this was one such occasion.  The Authority apologised for any inconvenience caused to the Applicant.
  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.
  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.
  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.
  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.
  10. The remainder of section 21 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.
  11. The Commissioner notes the Authority’s comments on the pressures it was experiencing at the time it received the request.  He 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) 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 respond to the Applicant’s requirement for review, by 15 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.

 

Nick Murton

Freedom of Information Officer


1 May 2026

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