Decision Notice 077/2024:Reasonable adjustments budget and resourcing within
Equality and Diversity Team – failure to respond
Applicant: The Applicant
Authority: Chief Constable of the Police Service of Scotland
Case Ref: 202400377
Summary
The Applicant asked the Authority for information relating to the centralisation of the Reasonable
Adjustment budget/Access to Work activity to the Equality and Diversity Team and associated
resourcing considerations. This decision finds that the Authority failed to comply with 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 1 December 2023.
2. The Authority responded to the information request on 11 January 2024.
3. On 11 January 2024, the Applicant wrote to the Authority requiring a review of its decision.
4. The Applicant did not receive a response to her requirement for review.
5. The Applicant wrote to the Commissioner on 10 March 2024, stating that she 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
7. 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
14 March 2024.
8. The Commissioner received submissions from the Authority on 1 May 2024. These
submissions are considered below.
9. The Authority accepted that it failed to respond to the request for review within the timescale
allowed by FOISA.
10. The Authority explained that the delay in responding was due to the volume of information
requests received during that time, compounded by staff absence.
11. The Authority further explained that, in 2023, there had been a 19% increase in freedom of
information requests compared to the year before, and that it had been a challenge to keep
up with the volume with the same level of resource.
12. 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.
13. 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.
14. The Authority responded to the Applicant’s requirement for review on 11 April 2024, so the
Commissioner does not require it to take any further action in relation to the Applicant’s
application.
15. The Commissioner notes that the Authority apologised to the Applicant for its failure to
comply.
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.
Wendy Snedden
Freedom of Information Officer
2 May 2024
