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Decision 103/2026

Decision 103/2026:  Antique or historical fire hose nozzles – failure to respond


Authority: Scottish Fire and Rescue Service
Case Ref: 202600231
 

Summary

The Applicant asked the Authority for information about antique or historical fire hose nozzles.  This decision finds that the Authority failed to respond to the Applicant’s requirement for review within the timescale set down by the Freedom of Information (Scotland) Act 2002 (FOISA).

Background

  1. The Applicant made an information request to the Authority on 7 December 2025. 
  2. The Authority responded to the information request on 8 January 2026.
  3. The Applicant wrote to the Authority later the same day, requiring a review of its decision.
  4. The Applicant did not receive a response to his requirement for review.
  5. On 6 February 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. 
  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 11 February 2026. 
  2. The Commissioner received submissions from the Authority.  These submissions are considered below. 
  3. The Authority acknowledged that it received the Applicant’s requirement for review on 8 January 2026. It stated that it had logged the requirement for review on 9 January 2026 and issued the Applicant with a review outcome on 6 February 2026, which it believed was issued within the relevant timescale. 
  4. 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.  This is subject to qualifications which are not relevant in this case. 
  5. In this case, the Authority confirmed that it received the Applicant’s requirement for review on 8 January 2026. Consequently, the last day for the Authority to respond to the Applicant’s requirement for review was 5 February 2026.
  6. It is therefore 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.
  7. The Authority responded to the Applicant’s requirement for review on 6 February 2026, so the Commissioner does not require it to take any further action in relation to the Applicant’s application.

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 requirement for review within the timescale laid down by section 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 

 


7 May 2026