Decision 101/2026: Professional standards investigations related to on-duty conduct – failure to respond
Authority: Chief Constable of the Police Service of Scotland
Case Ref: 202600616
Summary
The Applicant asked the Authority for information about professional standards investigations into the on-duty conduct of police officers in each of the last three years. 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
- The Applicant made an information request to the Authority on 26 January 2026.
- The Authority did not respond to the information request.
- On 27 February 2026, the Applicant wrote to the Authority requiring a review in respect of its failure to respond.
- The Applicant did not receive a response to his requirement for review.
- On 30 March 2026 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.
- 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
- 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 21 April 2026.
- The Commissioner received submissions from the Authority on 6 May 2026. These submissions are considered below.
- The Authority acknowledged that it had not responded to the Applicant’s request and requirement for review. It explained that it was exceptionally busy and that the increase in demand affected both the core FOI team but also the business areas it relies on for information.
- The Authority noted that it endeavours to respond to requests as quickly as possible but that unfortunately it is unable to meet the statutory deadlines in some cases and that this is one such example.
- It expressed its apologies to the Applicant for any inconvenience caused.
- The Authority anticipated that it would not take much longer to progress and provide the Applicant with a response to his requirement for review.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. The Commissioner requires the Authority to carry out a review in accordance with section 21 of FOISA, by 22 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.
Jill Walker
Deputy Head of Enforcement
6 May 2026
^
