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Decision 167/2025

Decision 167/2025:  Council Tax increases – failure to respond

 
Authority: Moray Council
Case Ref: 202500769
 

Summary

The Applicant asked the Authority for information about Council Tax increases. This decision finds that the Authority failed to respond to the Applicant’s requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA).

Background

  1. The Applicant made an information request to the Authority on 7 March 2025.
  2. The Authority responded to the information request on 24 March 2025.
  3. Having received the Authority’s response, on 24 March 2025 the Applicant wrote to the Authority requiring a review of its decision.
  4. The Applicant did not receive a response to his requirement for review.
  5. The Applicant wrote to the Commissioner on 14 May 2025, 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 27 May 2025.
  2. The Commissioner received submissions from the Authority.  These submissions are considered below.
  3. The Authority acknowledged that it did not respond to the requirement for review, explaining that the single recipient of the email overlooked it in error, and it was not logged in accordance with procedure.
  4. To prevent similar errors in future, the Authority advised that a second recipient has been added to its email address for FOI Review Requests.  
  5. The Authority confirmed it had logged the requirement for review and that it was now in progress.  
  6. 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.
  7. 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.
  8. The remainder of section 21 sets out the requirements to be followed by a Scottish public authority in carrying out a review.
  9. The Authority responded to the Applicant’s requirement for review on 24 June 2025, with an apology for its failure to comply, 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 sections 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.

 

Colin MacFadyen
Freedom of Information Officer


2 July 2025