Statement on Scottish Government compliance with Decision 281/2025

23 January 2026

The Scottish Information Commissioner has instructed his solicitors to bring legal proceedings against the Scottish Government in the Court of Session. This follows a failure by the Scottish Government to provide evidence of compliance with a December 2025 decision requiring the Scottish Government to disclose some information relating to the James Hamilton Report into the conduct of former First Minister Nicola Sturgeon, and associated legal advice. 

Following the Scottish Government’s failure to comply with an initial deadline of 15 January 2026, the Commissioner wrote to Ministers on the 16 January to warn of legal action if the Scottish Government failed to comply by 22 January 2026.

The Commissioner’s decision in this case requires the disclosure of some of the requested information, while also requiring the Scottish Government to issue a new response in relation to other information, which had been incorrectly withheld on cost grounds.  

The Commissioner notes that the full and timely compliance with his Decision Notices is a key element ensuring the effective operation of FOI in Scotland. He will not hesitate in exercising his power to refer non-compliance to the Court of Session in circumstances where an authority fails to comply. 

He has, therefore, instructed his solicitors to take the next steps in the certification process to the Court.  This is the first time that the Commissioner has made such a report to the Court on non-compliance. 

Once certified, the Court may then investigate the matter, and may treat a failure to comply as contempt of court.