Decision Notice 107/2024: Whistleblowing and information relating to the Scottish Violence Reduction Unit – failure to respond

Applicant: The Applicant 
Authority: Chief Constable of the Police Service of Scotland
Case Ref: 202400614

Summary

The Applicant asked the Authority for information about whistleblowing training and disclosures, and various

matters relating the Scottish Violence Reduction Unit.

This decision finds that the Authority failed to respond to the request within the timescale allowed by the

Freedom of Information (Scotland) Act 2002 (FOISA).  The decision also finds that the Authority failed to comply

with the Applicant’s requirement for review within the timescale set down by FOISA.

Background

1.    The Applicant made an information request to the Authority on 11 February 2024.

2.    The Authority did not respond to the information request.

3.    On 2 April 2024, the Applicant wrote to the Authority in respect of its failure to respond.

4.    The Applicant did not receive a response to his requirement for review.

5.    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

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 2 May 2024.

8.    The Commissioner received submissions from the Authority.  These submissions are considered below.

9.    The Authority acknowledged that it failed to respond to the Applicant’s request and requirement for review

within FOISA timescales. It explained that the delay was attributable to unplanned staff absences and the

increased number of information requests; a 19% increase in volume in 2023 compared to 2022.

10.    Section 10(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date

of receipt of the request to comply with a request for information.  This is subject to qualifications which are

not relevant in this case.  

11.    It is a matter of fact that the Authority did not provide a response to the Applicant’s request for

information within 20 working days, so the Commissioner finds that it failed to comply with section 10(1) of

FOISA.

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 remainder of section 21 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.

15.    The Commissioner recommends that the Authority considers whether it would be appropriate to apologise 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 request for information and requirement for review within the timescales laid

down by sections 10(1) and 21(1) of FOISA.  The Commissioner requires the Authority to issue a response by 10 July

2024.

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.

Jill Walker
Deputy Head of Enforcement

23 May 2024