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Decision 111/2009 Mrs Greta Young And Aberdeen City Council ...

Decision 111/2009 Mrs Greta Young and Aberdeen City Council


Failure to respond to a request and request for review

Reference No: 200901291
Decision Date: 17 September 2009
Kevin Dunion
Scottish Information Commissioner

Kinburn Castle
Doubledykes Road
St Andrews KY16 9DS
Tel: 01334 464610


Decision 111/2009
Mrs Greta Young
and Aberdeen City Council


Summary
This decision considers whether Aberdeen City Council (the Council) complied with the technical
requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an
information request and requirement for review made by Mrs Greta Young.

Background
1.
On 22 March 2009, Mrs Young emailed Aberdeen City Council (the Council) requesting copies
of the minutes of the Joint Future Care Planning Group or equivalent; to include copies of the
last three meetings at the end of 2008.
2.
No response to the request of 22 March 2009 was provided by the Council.
3.
On 28 April 2009, the Council emailed Mrs Young requesting clarification of her request.
4.
On 17 May 2009, Mrs Young emailed the Council requesting a review of its failure to respond
and noting that she had been in telephone contact with a member of staff at the Council
confirming that she was seeking the minutes of the Group (or equivalent) indicated in her
request of 22 March 2009.
5.
No response was provided by the Council to this requirement for review.
6.
Mrs Young contacted the Commissioner on 15 July 2009, stating that she was dissatisfied with
the failure of the Council to respond to her request and request for review and applying for a
decision in terms of section 47(1) of FOISA.
7.
The application was validated by establishing that Mrs Young had made a request for
information to a Scottish public authority and had applied to the Commissioner for a decision
only after asking the authority to review its response to that request. The case was then
allocated to an investigating officer.
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Decision 111/2009
Mrs Greta Young
and Aberdeen City Council

Investigation
8.
On 24 August 2009, the Council was notified in writing that an application had been received
from Mrs Young and was invited to comment on the application, as required by section
49(3)(a) of FOISA.
9.
The Council responded on 4 September 2009, confirming that it had received Mrs Young’s
request and request for review. The Council commented that it was unclear as to which
group’s minutes Mrs Young sought in her request and had requested clarification on the
matter. However, the Council admitted that it had failed to respond to Mrs Young’s request
and requirement for review within the statutory timescales laid down in FOISA and would
provide a response to Mrs Young by 25 September 2009.
10.
The investigating officer subsequently contacted the Council to enquire whether a response
could be provided sooner to Mrs Young. On 9 September 2009, the Council provided copies
of the minutes (from February 2008 to June 2009) of a group described as the Joint Future
Strategic Management Group to Mrs Young.
Commissioner’s analysis and findings
11.
Section 10(1) of FOISA gives Scottish public authorities a maximum of 20 working days from
the date following receipt of the request, or subsequent clarification of that request, to comply
with a request for information, subject to certain exceptions which are not relevant in this case.
12.
The Council did not respond to Mrs Young's request of 21 March 2009 until 28 April 2009.
13.
The Commissioner therefore finds that the Council failed to respond to Mrs Young's request
for information of 22 March 2009, within the 20 working days allowed under section 10(1) of
FOISA.
14.
Section 21(1) of FOISA gives public authorities a maximum of 20 working days from the date
following receipt of the requirement to comply with a requirement for a review, again subject to
exceptions which are not relevant to this case.
15.
The Council has acknowledged that no response was made to Mrs Young's requirement for
review.
16.
The Commissioner therefore finds that the Council failed to respond to Mrs Young's
requirement for review, within the 20 working days allowed under section 21(1) of FOISA.
17.
The Commissioner notes that a response was provided to Mrs Young's information request on
9 September 2009. In the circumstances, he does not require any action to be taken in
relation to these breaches in response to this decision.
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Decision 111/2009
Mrs Greta Young
and Aberdeen City Council

DECISION
The Commissioner finds that Aberdeen City Council (the Council) failed to comply with Part 1 of the
Freedom of Information (Scotland) Act 2002 (FOISA) in dealing with the information request made by
Mrs Greta Young, in particular by failing to respond to Mrs Young's request for information and
requirement for review within the respective timescales laid down by sections 10(1) and 21(1) of
FOISA.
As a substantive response has now been provided to Mrs Young, the Commissioner does not require
the Council to take any action in relation to these breaches in response to this decision.

Appeal
Should either Mrs Young or the Council wish to appeal against this decision, there is an 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 notice.



George Will
Acting Deputy Head of Enforcement
17 September 2009

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Decision 111/2009
Mrs Greta Young
and Aberdeen City Council

Appendix
Freedom of Information (Scotland) Act 2002
1 General
entitlement
(1)
A person who requests information from a Scottish public authority which holds it is
entitled to be given it by the authority.
…
10
Time for compliance
(1)
Subject to subsections (2) and (3), a Scottish public authority receiving a request which
requires it to comply with section 1(1) must comply promptly; and in any event by not
later than the twentieth working day after-
(a) in a case other than that mentioned in paragraph (b), the receipt by the authority of
the request; or
…
21
Review by Scottish public authority
(1)
Subject to subsection (2), a Scottish public authority receiving a requirement for review
must (unless that requirement is withdrawn or is as mentioned in subsection (8)) comply
promptly; and in any event by not later than the twentieth working day after receipt by it
of the requirement.

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