Decision 212/2026: Personal attack alarms – failure to respond
Authority: Chief Constable of the Police Service of Scotland
Case Ref: 202601203
Summary
The Applicant asked the Authority for various information relating to personal attack alarms issued by the Authority. The decision 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 8 April 2026.
- The Authority responded to the information request on 14 April 2026.
- On 23 April 2026, the Applicant wrote to the Authority requiring a review of its decision.
- The Applicant did not receive a response to his requirement for review.
- The Applicant wrote to the Commissioner on 1 July 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.
- 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 July 2026.
- The Commissioner received submissions from the Authority on 4 August 2026. These submissions are considered below.
- The Authority acknowledged that it had failed to meet the statutory deadline under FOISA for responding the Applicant’s requirement for review. It apologised for this failure and explained that it had been exceptionally busy and that this increase in demand had affected both the core FOI team but also the business areas it relied on for information.
- 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.
- 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 of FOISA 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 of FOISA.
- 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 requirement for review within the timescale laid down by section 21(1) of FOISA.
The Commissioner requires the Authority to carry out a review in terms of section 21 of FOISA, by 2 October 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.
Cal Richardson
Deputy Head of Enforcement
18 August 2026
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