Our Ref: 
SL1 
Your Ref 
 
     
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I am writing to acknowledge receipt of your letter/email/fax of [date], applying for a 
decision from the Scottish Information Commissioner on the way in which [public 
authority] dealt with your information request.  
 
I will now go on to consider whether the Commissioner can accept your application 
or whether further action is required before the Commissioner can consider your 
case. I will contact you again soon. 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 

---

 
 
Our Ref: 
SL1a 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Applicant:   
 
I am writing to advise you that [name of applicant/s] has/have applied for a decision 
from the Scottish Information Commissioner as he is/she is/they are dissatisfied with 
the way in which [public authority] dealt with his/her/their request for information, 
dated [date of request]. 
 
[Name of applicant] asked for [brief summary of request, or subject of request].  
He/She has/They have been in contact with [name and position of public authority 
official who has dealt with request]. 
 
I will now go on to consider whether the application is valid and will contact you 
again soon in relation to this.  This letter is for information only and you do not need 
to respond to it. 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 
 
 

---

 
 
Our Ref: 
SL1b 
Your Ref 
 
   
  
 
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Applicant:   
Department/Agency: 
 
I am writing to advise you that [name of applicant/s] has/have applied for a decision 
from the Scottish Information Commissioner as he is/she is/they are dissatisfied with 
the way in which [public authority] dealt with his/her/their request for information, 
dated [date of request]. 
 
The application to the Commissioner relates to [name of applicant]’s request for 
[brief summary of request, or subject of request].  
 
[Name of official] in [name of department/agency] has been dealing with this 
information request. 
 
I will now go on to consider whether the application is valid and will contact you 
again soon in relation to this.  This letter is for information only and you do not need 
to respond to it. 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 
 

---

 
 
Our Ref 
SL2 
Your Ref 
 
    
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I refer to your letter/email/fax of [date] applying for a decision by the Scottish 
Information Commissioner about the way in which [public authority] dealt with your 
information request.  You asked for [brief summary of request or subject of request]. 
 
OR 
 
I refer to previous correspondence about your application for a decision by the 
Scottish Information Commissioner. 
 
Having considered your application, I am writing to advise you that I cannot carry out 
an investigation, because the Commissioner does not have the legal authority to 
investigate your case.  Your application relates to a request made [choose from 
following options: 
 
to the Scottish Information Commissioner.  
 
to a procurator fiscal.  
 
for information held by the Lord Advocate as head of the systems of criminal 
prosecution and investigation of deaths in Scotland, including any information held 
by the Crown Office in connection with the investigation and/or prosecution of crime 
or the investigation of sudden deaths and/or fatal accidents. ] 
 
Section 48 of the Freedom of Information (Scotland) Act 2002 states that no 
application may be made to the Commissioner for a decision involving a request for 
review made to [relevant authority].  This also applies to requests for environmental 
information made to [relevant authority]. 
 

---

I know you will be disappointed with this decision, but as the Commissioner does not 
have the legal authority to consider your application, he cannot issue a decision on 
the matters you raise. 
 
I am sorry we are unable to investigate your complaint. 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL2a 
Your Ref 
 
   
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I refer to your letter/email/fax of [date] applying for a decision from the Scottish 
Information Commissioner about the way in which [public authority] dealt with your 
request for information regarding [subject matter of request]. 
 
In order for an application to the Commissioner to be legally valid, you must provide 
him with the following information, all set out clearly and logically and either in writing 
or in some other permanent form (e.g. an audio or video recording): 
 
•  Your name and address (or an address for correspondence); 
 
•  Details of your request for information; 
 
•  Why you were dissatisfied with the outcome of your information request and 
sought a review from the authority; and 
 
•  Why you are dissatisfied with the outcome of your request for review, or (where 
you have not received a response) with the authority’s failure to respond to your 
request. 
 
In order to make sure your application for a decision is valid, we also need to have 
copies of the following documents: 
 
•  Your original request for information; 
 
•  The authority’s response to that request (if a response was received); 
 
•  Your request for a review; and 
 
•  The authority’s response to your request for review (if a response was received). 

---

 
As you have not provided [describe missing information], I cannot validate your 
application as it stands. 
 
If you wish to go ahead with an application to the Commissioner, I look forward to 
receiving an application meeting the requirements set out above.  
 
I will hold onto the documents you have sent for another two weeks.  If you have not 
provided the missing information listed above by then, I will return the documents to 
you.  You will then have to re-submit the documents, along with the missing 
information, if you want to make a new application to the Commissioner. 
 
To help you in making a further application, I enclose a copy of the Commissioner’s 
booklet “Your Right to Know”. If you have any queries about this letter, please 
contact me [contact details]. 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL2b 
Your Ref 
 
   
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I refer to your letter/email/fax of [date] applying for a decision from the Scottish 
Information Commissioner about the way in which [public authority] dealt with your 
request for information regarding [subject matter of request]. 
 
For an application to the Commissioner to be legally valid, it must comply with 
certain requirements laid down in the Freedom of Information (Scotland) Act 2002 
(FOISA) / the Environmental Information (Scotland) Regulations 2004 (the EIRs). 
Unfortunately, after checking through your application, I have found that it does not 
meet all of those requirements.   
 
[Delete those requirements listed below which do not apply to the invalid application] 
 
In particular, the legislation requires you to: 
 
•  Allow the authority 20 working days to respond to your request for information 
before asking for a review on the basis that it has failed to respond; 
 
•  Ask the authority to carry out a review, stating why you are unhappy with the 
response (or the failure to respond), and make this request no more than 40 
working days after you receive a response to your request for information or (if 
you did not receive a response) no more than 60 working days after you 
requested the information; 
 
•  Allow the authority 20 working days to respond to your request for review; and  
 
•  Apply to the Commissioner within 6 months of receiving the authority’s response 
to your request for review (if you simply do not receive a response, you can add 
20 working days to the 6 month period). 
 

---

In all cases, where letters have been sent by post, you must allow postage time for 
the public authority’s response to reach you before moving on to the next step.  
 
There are also various other requirements you must meet when making your 
information request before an application to the Commissioner can legally be 
accepted. In particular, you must have asked for recorded information from a 
Scottish public authority and [if application made under FOISA not EIRs] you must 
have done so either in writing or in some other permanent form (e.g. an audio of 
video recording), giving your name and an address for correspondence.  
 
As you have not [describe steps not taken or other reason(s) why not valid], your 
application is not valid in terms of section 47 of FOISA and the Commissioner does 
not have the power to carry out an investigation into your case. [Refer to timescales 
for giving notice/provision for public holidays etc, where appropriate.] 
 
Before you can make an application to the Commissioner, you will need to [describe 
steps to be taken]. In the meantime, I return your letter/email/fax and the documents 
enclosed with it. When applying to the Commissioner again, you must provide him 
with the following information, all set out clearly and logically and either in writing or 
in some other permanent form (e.g. an audio of video recording): 
 
•  Your name and address (or an address for correspondence); 
 
•  Details of your request for information; 
 
•  Why you were dissatisfied with the outcome of your information request and 
sought a review from the authority; and 
 
•  Why you are dissatisfied with the outcome of your request for review, or (where 
you have not received a response) with the authority’s failure to respond to your 
request. 
 
To help you make a further information request (and a new application to the 
Commissioner, if necessary), I enclose a copy of the Commissioner’s booklet “Your 
Right to Know”.  If you have any queries about this letter, please contact me [contact 
details]. 
 
Yours sincerely 
 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
 
Our Ref 
SL2c 
Your Ref 
 
   
 
 
 
 
 
 
 
Dear  
 
Application for Decision from the Scottish Information Commissioner 
Public Authority:  
 
I refer to previous correspondence in connection with your application for a decision 
by the Scottish Information Commissioner.   
 
In terms of the Freedom of Information (Scotland) Act 2002/Environmental 
Information (Scotland) Regulations 2004, you are required to make an application to 
the Commissioner within 6 months of receiving [public authority]’s response to your 
request for review, or, where you did not receive any response to your request for 
review, within 6 months from the end of the statutory 20 working day period in which 
[public authority] should have responded.  
 
Your application to the Commissioner has not been made within the 6 month period. 
The Commissioner is entitled to investigate an application made after this time if he 
considers that it is appropriate to do so.  However, the Commissioner does not 
consider that it would be appropriate to investigate your application because [insert 
reasons]. 
 
I am sorry we cannot accept your application for a decision. 
 
Yours sincerely 
 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL2d 
Your Ref 
 
   
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I refer to your letter/email/fax of [date] applying for a decision from the Scottish 
Information Commissioner about the way in which [public authority] dealt with your 
request for information. 
 
It appears from your application that the information you have requested from [public 
authority] is personal information about yourself. I think I should explain a little about 
how information of this kind is dealt with under the Freedom of Information 
(Scotland) Act 2002 (FOISA) and under the Data Protection Act 1998 (the DPA). 
 
Broadly speaking, the purpose of the DPA is to regulate the way in which information 
about living individuals is used, largely with a view to protecting personal privacy. It 
gives individuals the right to access personal information which is held about them.  
The DPA contains safeguards protecting  information held about other individuals 
and also certain exemptions (for example, allowing information to be withheld when 
disclosure would prejudice the prevention or detection of crime). The DPA is 
enforced throughout the United Kingdom by the Information Commissioner in 
Wilmslow, Cheshire.  The contact details for his Office are as follows: 
 
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, 
Cheshire, SK9 5AF.  
(01625 545 700 / www.informationcommissioner.gov.uk) 
 
FOISA, on the other hand, provides a right of access to information held by Scottish 
public authorities. When information is provided under FOISA, it means that the 
same information will be available to anyone who asks for it.  The public authority 
cannot provide you with information under FOISA and then withhold it from other 
people.   
 

---

FOISA contains some ‘exemptions’, which allow a public authority to refuse to 
provide information in certain circumstances.  One of the exemptions in FOISA 
covers the type of information you have asked for - personal data of the applicant 
themselves.  This does not mean that you cannot get information which is your own 
personal data, but you should apply for it under the DPA, which protects your right to 
privacy, unlike FOISA.   
 
Because information which is the personal data of the applicant is exempt from 
disclosure under FOISA, it is highly unlikely that the Scottish Information 
Commissioner would be able to order the disclosure of the information you have 
asked for. Therefore it may be better to ask [public authority] for the information 
under the DPA, and seek advice or assistance from the Information Commissioner’s 
Office (see above) if you are dissatisfied with their response. 
 
If I do not hear from you by [date – 2 weeks], I shall presume you have decided to 
ask for the information you require under the DPA and will close my file. If you do not 
agree that your request concerns your own personal information and you wish to go 
ahead with your application under FOISA, please let me know your reasons. 
 
I have enclosed a copy of “Your Right to Know”, the Commissioner’s guide to 
freedom of information law in Scotland.  I hope this letter has helped to explain the 
way that requests for personal information are dealt with, but please let me know 
[contact details] if you would like any clarification or further assistance. 
 
Yours sincerely 
 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
 
Our Ref 
SL3 
Your Ref 
 
   
  
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision from the Scottish Information Commissioner 
Public Authority:  
 
I refer to your letter/email/fax of [date], applying for a decision from the Scottish 
Information Commissioner about the way in which [public authority] dealt with your 
request for information regarding [subject matter of request]. 
 
For your application to the Commissioner to be legally valid, it must comply with 
certain requirements laid down in the Freedom of Information (Scotland) Act 2002 
(FOISA) / the Environmental Information (Scotland) Regulations 2004 (the EIRs).  In 
order to check this I have to consider the following: 
 
[Delete as appropriate] 
 
  Whether your case can be considered under FOISA/the EIRs 
  The correspondence which has passed between you and [public authority] 
  Whether you have complied with any appropriate time limits  
 
In order to make sure your application is legally valid, please let me have the 
following information/send me copies of the following documents, by [date]: 
 
[Delete as appropriate] 
 
  Your original request for information 
  [Public authority]’s response to that request (if a response was received) 
  Your request for review 
  [Public authority]’s response to your review request (if a response was received) 
  A brief explanation of why you are dissatisfied with the outcome of the review or 
(where you have not received a response) with the authority’s failure to respond 
to your request. 

---

 
If you do not have copies of the correspondence I have asked you for, please ask 
[public authority] to give you copies to send to me. 
 
You should be aware that if you have made your application to the Commissioner 
using a pseudonym, your application will be invalid and the Commissioner will be 
unable to enforce any decision that he issues. If you have used a pseudonym, 
please let me know as soon as possible in order that we can discuss the way 
forward.  
 
[As you are a solicitor/firm of solicitors, you may wish to advise me of the name of 
your client. In the absence of a client’s name, the Commissioner will issue any 
decision following on from your application in your/your firm’s name: you will 
appreciate that only those parties named in the decision have a right of appeal 
against it.] 
   
Please contact me if you have any questions about this letter.   
  
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL4 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I refer to my letter of [date] requesting further details to allow me to consider your 
application for a decision in terms of the Freedom of Information (Scotland) Act 
2002/Environmental Information (Scotland) Regulations 2004.   
 
As I have not yet received the information I need from you, I cannot proceed with this 
investigation.  Please let me have the information I asked for in my letter of [date] 
within 10 working days.  If I do not receive this information I will have to treat your 
application as abandoned and I will close your file. 
 
Please do not hesitate to contact me if you have any questions about this letter 
[contact details]. 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL5 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I refer to my letter(s) of [date(s)] asking you for further details to allow me to consider 
your application for a decision in terms of the Freedom of Information (Scotland) Act 
2002/Environmental Information (Scotland) Regulations 2004.  As I have not 
received the requested information, I have not been able to proceed with this 
investigation. 
 
As a result, the Commissioner has determined that your application to him for a 
decision has been abandoned.  This means that he is not required to make a 
decision in relation to your application, and I will now close your case file. 
 
If you want to contest the Commissioner’s determination that no decision falls to be 
made, you 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 from the date of intimation (i.e. the 
date of posting) of this letter.  
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL5a 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
Thank you for your letter/email/telephone call of [date], in which you informed me 
that you wanted to withdraw your application to the Scottish Information 
Commissioner for a decision.  As a result, the Commissioner has determined that no 
decision falls to be made in relation to the application. I will now close /have now 
closed your case file. 
 
I am required to let you know that you have the right to appeal to the Court of 
Session against the Commissioner’s determination, on a point of law only.  Any such 
appeal must be made within 42 days of the date of intimation (i.e. date of posting) of 
this letter.   
 
[While the file has now been closed, [public authority]’s apparent failure to comply 
with certain requirements of the Freedom of Information (Scotland) Act 
2002/Environmental Information (Scotland) Regulations 2004 may be taken into 
account for the purposes of future action under the Commissioner’s Enforcement 
Strategy.] 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL5b 
Your Ref 
 
      
 
 
 
 
 
 
 
  
 
 
Dear   
 
Application for Decision by the Scottish Information Commissioner 
Applicant:  
 
As you are aware, the Scottish Information Commissioner received an application 
from [applicant] on [date], asking him for a decision about the way in which [public 
authority] dealt with his/her/their request for information. 
 
[Applicant] has/have now withdrawn his/her/their application to the Commissioner.  
As a result, the Commissioner has determined that no decision falls to be made in 
relation to the application and has closed the case.  
 
Or 
 
The Commissioner has determined that [applicant] has abandoned his/her/their 
application to the Commissioner and that no decision falls to be made in relation to 
the application.  He has therefore closed the case. 
 
If [applicant] wants to contest the Commissioner’s determination that no decision 
falls to be made, he/she/they has/have the right to appeal to the Court of Session on 
a point of law only.  [Applicant] has 42 days to appeal against the Commissioner’s 
determination to the Court of Session.  I will let you know if an appeal is made. 
 
[While the case has now been closed, [public authority]’s apparent failure to comply 
with certain requirements of the Freedom of Information (Scotland) Act 
2002/Environmental Information (Scotland) Regulations 2004 may be taken into 
account for the purposes of future action under the Commissioner’s Enforcement 
Strategy.] 
 
[Thank you for your assistance with this matter.[ 
 

---

Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
Our Ref 
SL6 
Your Ref 
 
   
 
 
 
 
 
 
 
   
 
 
 
Dear  
 
Application for Decision from the Scottish Information Commissioner 
Applicant:   
 
I refer to my letter of [date] in connection with [applicant]’s request for 
[environmental] information relating to [subject matter of request]. I now enclose a 
copy of [applicant]’s application to the Commissioner for your information. 
 
I have now received all the information I need to confirm that [applicant]’s application 
is valid for the purposes of section 47 of the Freedom of Information (Scotland) Act 
2002. Therefore, I can confirm that an investigation of your authority’s handling of 
his/her/its/their information request will be required.  
 
To begin the investigation, I need copies of all of the information withheld from the 
applicant. Please try to ensure that you send copies rather than originals wherever 
possible, as whatever you do provide will be retained by this Office for the duration of 
the investigation and for at least the period allowed for an appeal after the 
Commissioner’s decision has been issued.  
 
 
 
 
 
 
When you forward this information to me, please also include a Schedule of 
Documents listing the information you have sent.  All documents must be named and 
numbered.  If you have released any of the information requested, two copies of the 
information should be provided - one unedited and one showing what was released. 
Where exemptions have been applied, it should be clear from the Schedule of 
Documents or from marked up copies of the documents exactly which information 
has been withheld under each exemption. 
 
If possible, please let me have an electronic version of the Schedule of Documents.  
My email address is: [email address]. 
 
At the end of the investigation, we usually destroy any information supplied by the 
public authority. Please let me know if you would like any of it to be returned to you: 

---

if you have not asked for its return within the period of 3 months from the date of the 
Commissioner’s decision, it will be destroyed here (unless an appeal is subsequently 
made to the Court of Session, in which case the information will be retained pending 
the outcome of the appeal). 
 
If the Commissioner retains the information following the investigation, he will contact 
you to let you know. 
 
I would be grateful if you would let me have the information I have asked for by [date 
– normally 2 weeks from date of letter]. If I do not receive it by that date, the 
Commissioner may give your authority a formal Information Notice requiring the 
authority to provide it.  Failure to comply with an Information Notice can be referred 
to the Court of Session by the Commissioner and the Court can treat the failure as 
contempt of court.   
 
After I have received the information I have asked for, the case will be allocated to 
an investigating officer, who will then contact you to give you with an opportunity to 
comment on the application, and to seek detailed submissions in relation to your 
authority’s handling of [applicant]’s request. If you have any queries about the 
investigation in the meantime, please do not hesitate to contact me [contact details]. 
 
[Finally, the Commissioner has compiled a guide for Scottish Public Authorities 
which should help you in making your submissions to the Commissioner. The guide 
is available on our website from the following page: 
www.itspublicknowledge.info/briefings.  I can provide a printed copy if you prefer. 
Please note, in particular, the section on exemptions [exceptions] and the standard 
of submissions required by the Commissioner.] 
 
OR 
Finally, I enclose a copy of a leaflet entitled, “The Scottish Information 
Commissioner’s Investigations: A Guide for Scottish Public Authorities”, which 
explains the investigation process in some detail and should help you in making your 
submissions to the Commissioner.  
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL7 
Your Ref 
 
   
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:   
 
I refer to my letter of [date] acknowledging receipt of your application for a decision 
from the Commissioner relating to [details of request].  I can now confirm that it is 
valid in terms of the Freedom of Information (Scotland) Act 2002 
(FOISA)/Environmental Information (Scotland) Regulations 2004 (the EIRs) and that 
the Commissioner will investigate your complaint and issue a decision on your case.   
 
I have enclosed a copy of the Commissioner’s guidance for applicants, entitled 
“What Happens Next?”, which gives you some information about the way your case 
will be investigated, what information we might need from you and how long the 
investigation is likely to take.  Please read it carefully. 
 
I will contact [public authority] to let it know that your application to the Commissioner 
will now be investigated, and to ask it to forward all information relating to your 
request. Once I have this information, the case will be allocated to an investigating 
officer, who will then contact you. 
 
If you become aware of any change in circumstances, or anything else which you 
think might affect the course of the investigation or the need for a decision from the 
Commissioner, it would be helpful if you could let me or the investigating officer know 
as soon as possible.   
 
[You made your application to the Commissioner by email, but I will need you to 
provide me with a postal address.  This is because the Decision Notice is a formal 
legal document which must be ‘served’ on you and on [public authority].  A document 
will not be properly served if it is only sent by email and this may affect your rights of 
appeal against the Decision Notice.  Please let me have a postal address within the 
next 3 weeks.  If you refuse to give me an address, the Commissioner may not be 
able to proceed with the investigation.] 

---

You should be aware that if you have made your application to the Commissioner 
using a pseudonym, your application will be invalid and the Commissioner will be 
unable to enforce any decision that he issues. If you have used a pseudonym, 
please let me know as soon as possible in order that we can discuss the way 
forward. 
 
Details about the investigation (i.e. the case number, the name of the public authority 
involved and the type of information requested) will be made available on the 
Commissioner’s website.  Once a decision has been reached, a copy of the Decision 
Notice will be made available on the website.  The Decision Notice will name you as 
the applicant.  In some cases, the Commissioner may agree to withhold an 
applicant’s name from the version of the decision which appears on the website.   
 
The Commissioner is also a Scottish public authority for the purposes of FOISA, and 
he has a duty to respond to information requests made under FOISA or the EIRs for 
information that he holds.  This means it is possible that he will receive a request 
asking him to release your name.  If this happens, the Commissioner will usually 
have to release this information unless there are good reasons for withholding it.   
 
If you feel there are valid reasons for your name to be withheld either from the 
version of the Decision Notice to appear on the website or in response to a request 
under FOISA or the EIRs, please let me know within the next 3 weeks. 
 
Please do not hesitate to contact me if you have any queries about anything raised 
in this letter [contact details].  [I look forward to receiving the information requested in 
this letter.] 
 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 
 

---

 
 
Our Ref 
SL7a 
Your Ref 
 
   
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:   
 
I refer to your letter/email/fax of [date], in which you applied for a decision by the 
Commissioner about the failure of [public authority] to respond to your request for 
information dated [date], and your subsequent request for review of [date]  
or 
the failure of [public authority] to respond to your request for review of [date] 
or 
the decision by [public authority] that your information request of [date] is 
vexatious/repeated/manifestly unreasonable 
or 
the fees notice issued by [public authority] in response to your information request of 
[date]. 
 
I can now confirm that your application is legally valid in terms of the Freedom of 
Information (Scotland) Act 2002 (FOISA)/Environmental Information (Scotland) 
Regulations 2004 (the EIRs).   
 
An investigation will now be carried out into the way in which [public authority] dealt 
with your information request.  I have been nominated by the Scottish Information 
Commissioner as investigating officer and will be your point of contact during the 
investigation. 
 
The current investigation and the Commissioner’s decision will be limited to [public 
authority]’s compliance with FOISA/the EIRs on the points listed above.  At this 
stage, we cannot investigate whether or not you should have received any of the 
information you requested.   
 
An Information Notice has been issued to [public authority], requiring them to explain 
why they failed to reply to your letters requesting information/dealt with your request 
for information in the way that they did. They have been told that the Commissioner 

---

is investigating your application, and have been invited to comment. I will keep you 
informed of any developments.  
 
Once the Commissioner has enough information to allow him to determine whether 
[public authority] failed to comply with FOISA/the EIRs, he will consider what steps 
need to be taken.  In cases such as yours, once the Commissioner has contacted 
the public authority, it is common for the authority to issue a response to your 
information request/request for review etc., without the Commissioner requiring them 
to do so by way of a formal Decision Notice.  Please let me know if this happens as it 
may mean that the case can be closed without the need for a formal Decision Notice.   
 
If you become aware of anything which might affect the course of the investigation, 
or the need for a decision from the Commissioner, please let me know as soon as 
possible.  
 
Once the Commissioner has issued his decision, there is a right to appeal to the 
Court of Session on a point of law only.   
 
[delete if not appropriate] 
If the Commissioner’s decision requires [public authority] to respond to your 
information request, and [public authority] then refuses to provide the information you 
requested, you must ask [public authority] to review this decision and allow time for 
their response before re-applying to the Commissioner. 
 
[You made your application to the Commissioner by email, but I will need you to 
provide me with a postal address.  This is because the Decision Notice is a formal 
legal document which must be ‘served’ on you and on [name of public authority].  A 
document will not be properly served if it is only sent by email and this may affect 
your rights of appeal against the Decision Notice.  Please let me have a postal 
address within the next 2 weeks.  If you refuse to give me an address, the 
Commissioner may not be able to proceed with the investigation.] 
 
You should be aware that if you have made your application to the Commissioner 
using a pseudonym, your application will be invalid and the Commissioner will be 
unable to enforce any decision that he issues. If you have used a pseudonym, 
please let me know as soon as possible in order that we can discuss the way 
forward. 
 
Details about the investigation (i.e. the case number, the name of the public authority 
involved and the type of information requested) will be made available on the 
Commissioner’s website.  Once a decision has been reached, a copy of the decision 
notice will be made available on the website.  The decision notice will name you as 
the applicant.  In some limited cases, the Commissioner may agree to withhold your 
name from the version of the decision which appears on the website.   
 
 
 
 

---

The Commissioner is also a Scottish Public authority for the purposes of FOISA or 
the EIRs and he had a duty to responds to requests for information that he holds.  
This means it is possible that he will receive a request asking him to release your 
name.  If this happens, the Commissioner will usually have to release this 
information, unless there are good reasons for withholding it.   
 
If you feel there are valid reasons for your name to be withheld either from the 
version of the decision notice to appear on the website or in response to a request 
under FOISA or the EIRs, please let me know within the next 2 weeks. 
 
Please do not hesitate to contact me if you have any questions about this letter 
[contact details]. 
 
Yours sincerely 
 
 
 
 
 
[Name] 
Freedom of Information Officer 
 
 

---

 
Our Ref 
SL8 
Your Ref 
 
    
 
 
 
 
 
 
 
  
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Applicant:    
Department/Agency: [If Scottish Government] 
 
I refer to previous correspondence between you and our Validation Officer in 
connection with [applicant’s name]’s request for [environmental] information relating 
to [brief description of information requested]. This case has now been allocated to 
me as investigating officer and I will be your point of contact for the duration of the 
investigation. If you have any queries at any point during the investigation, please do 
not hesitate to contact me on 01334 464[xxx] or [email address]  
[insert contact details]. 
 
The information you provided in response to the Validation Officer’s letter of [insert 
date of SL35] has been passed to me.  I would be grateful if you would now provide 
me with any comments you would like to make on [name of applicant]’s application, 
and also provide the following information or answers to enable me to make 
progress with the investigation.  
 
[Detail further information required.  IO should include questions from appendix 4 of 
the investigation procedures.  IO should always ask what searches were carried out 
to establish whether information is held, unless it is obvious that all information has 
been retrieved, e.g. the request was for a particular report.  IO may also wish to ask 
for copies of the PA’s internal correspondence relating to the request.] 
 
Please let me have your response by [date – normally 15 working days should be 
allowed for response]. 
 
If I do not receive the information by that date, the Commissioner may send a formal 
Information Notice requiring your authority to provide it.  Failure to comply with an 
Information Notice can be referred to the Court of Session by the Commissioner and 
the Court can treat the failure as contempt of court.  
 

---

I should expect to be able to complete the investigation and make detailed 
recommendations to the Commissioner on the basis of your response to this letter. 
 
If, at any point during the investigation, you believe there may be an opportunity to 
reach settlement with the applicant without a decision from the Commissioner being 
required, please let me know.   
 
[The Commissioner has compiled a guide for Scottish Public Authorities which 
should help you make your submissions to the Commissioner. The guide is available 
on our website from the following page: www.itspublicknowledge.info/briefings. If you 
would prefer a printed copy, please let me know. Please note, in particular, the 
section on exemptions [exceptions] and the standard of submissions required by the 
Commissioner.] 
 
 OR  
 
[For information on what the Commissioner expects in your submissions, please see 
the leaflet entitled, ‘The Scottish Information Commissioner’s Investigations: A Guide 
for Scottish Public Authorities’, which was sent to you by our Validation Officer when 
s/he wrote to you asking for the information you withheld from the applicant. Please 
note, in particular, the sections on exemptions [exceptions] and the standard of 
submissions required by the Commissioner.] 
 
Please note: it is the responsibility of the public authority to justify why it has 
decided to withhold information.  If your submissions are inadequate or fail to 
adequately justify the refusal of a request in terms of section(s) [9, 12, 14 or 
16] of FOISA [exceptions under Regulation 10 of the EIRs], the Commissioner 
may order you to release the information.  
 
You should therefore provide comprehensive and detailed responses to the points 
raised above and ensure that you alert me now to any other information you would 
like the Commissioner to consider in reaching his decision.  
 
While the Commissioner accepts that other relevant information may come to light in 
the course of the investigation, the onus is on your authority to let me know of any 
such information at the earliest opportunity. If changes in circumstances create an 
opportunity for the case to be settled, or otherwise affect the need for a decision, 
please let me know as soon as possible. 
 
I would be grateful if you could provide me with your email address and direct 
telephone number for future contact, and if you could quote my reference number in 
any future correspondence. 
 
Yours sincerely 
 
 
 
[Name] 
Freedom of Information Officer 

---

 
 
 
Our Ref 
SL8a 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Applicant:    
Department/Agency: [if Scottish Government] 
 
The Scottish Information Commissioner has received an application for a decision 
from [applicant], in relation to an information request made to [name of authority] on 
[date of request].  A copy of [applicant]’s application to the Commissioner is 
enclosed.  [Applicant]’s application is valid for the purposes of section 47 of the 
Freedom of Information (Scotland) Act 2002 (FOISA), and an investigation of your 
authority’s handling of his/her/its/their information request will be required. 
 
I have been asked to investigate this case on behalf of the Scottish Information 
Commissioner.  I would be grateful if you would now let me have any comments you 
would like to make on [applicant]’s application, and also provide the following 
information or answers to enable me to make progress with the investigation. 
 
[Detail further information required.  IO should include questions from appendix 4 of 
the investigation procedures.  IO should always ask what searches were carried out 
to establish whether information is held, unless it is obvious that all information has 
been retrieved, e.g. the request was for a particular report.  Depending on the case, 
IO may also wish to ask for copies of the PA’s internal correspondence relating to 
the request.] 
 
Please let me have your response by [date – normally 15 working days should be 
allowed for response]. 
 
If I do not receive the information by that date, the Commissioner may send a formal 
Information Notice requiring your authority to provide it.  Failure to comply with an 
Information Notice can be referred to the Court of Session by the Commissioner and 
the Court can treat the failure as contempt of court.  
 

---

I should expect to be able to complete the investigation and make detailed 
recommendations to the Commissioner on the basis of your response to this letter. 
 
If, at any point during the investigation, you believe there may be an opportunity to 
reach settlement with the applicant without a decision from the Commissioner being 
required, please let me know.   
 
[The Commissioner has compiled a guide for Scottish Public Authorities which 
should help you make your submissions to the Commissioner. The guide is available 
on our website from the following page: www.itspublicknowledge.info/briefings. If you 
would prefer a printed copy please let me know. Please note, in particular, the 
section on exemptions [exceptions] and the standard of submissions required by the 
Commissioner.] 
 
 OR  
 
[For information on what the Commissioner expects in your submissions, please see 
the leaflet entitled, ‘The Scottish Information Commissioner’s Investigations: A Guide 
for Scottish Public Authorities’, which was sent to you by our Validation Officer when 
s/he wrote to you asking for information you withheld from the applicant. Please 
note, in particular, the sections on exemptions [exceptions] and the standard of 
submissions required by the Commissioner.] 
 
Please note: it is the responsibility of the public authority to justify refusing to 
provide information.  If your submissions are inadequate or fail to adequately 
justify the refusal of a request in terms of section(s) [9, 12, 14 or 16] of FOISA 
[exceptions under Regulation 10 of the EIRs], the Commissioner may order the 
release of the information.  
 
You should therefore provide comprehensive and detailed responses to the points 
raised above and ensure that you alert me now to any other information you would 
like the Commissioner to consider in reaching his decision.  
 
While the Commissioner accepts that other relevant information may come to light in 
the course of the investigation, the onus is on your authority to let me know of any 
such information at the earliest opportunity. If changes in circumstances create an 
opportunity for the case to be settled, or otherwise affect the need for a decision, 
please let me know as soon as possible. 
 
I would be grateful if you could provide me with your email address and direct 
telephone number, for future contact, and if you could quote my reference number if 
any future correspondence. 
 
Yours sincerely 
 
 
 
[Name] 
Freedom of Information Officer 
 

---

 
 
 
Our Ref: 
SL8b 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
Dear  
 
INFORMATION NOTICE 
 
Application to Scottish Information Commissioner  
Applicant:   
 
[Applicant] has/have applied to the Scottish Information Commissioner for a decision 
as to whether [name of public authority] has dealt with an information request made 
by him/her/them in accordance with Part 1 of the Freedom of Information (Scotland) 
Act 2002 (FOISA)/the Environmental Information (Scotland) Regulations 2004 (the 
EIRs).  The application appears to be valid under section 47(1) of FOISA. 
 
Please note that this is a formal Information Notice under section 50 of FOISA.  
If [public authority] fails to comply with this notice within the specified time 
limit, the Commissioner has the right to certify to the Court of Session that 
[public authority] has failed to comply with the Notice.  The Court has the right 
to inquire into the matter and may deal with [public authority] as if it had 
committed a contempt of court. 
 
(NO RESPONSE TO REQUEST OR TO REQUEST FOR REVIEW) 
I understand from [applicant] that he/she/they made an information request to [public 
authority] by letter/email/fax on [date] but that he/she/they did not receive a 
response.  I also understand that he/she/they subsequently submitted a request for 
review on [date] but that, again, no response was received.  A copy of the initial 
request, together with a copy of the request for review, is enclosed.  FOISA/the EIRs 
allow(s) public authorities 20 working days to respond to a request for information 
and to respond to a request for review. 
 
OR 
 
(NO RESPONSE TO REQUEST FOR REVIEW) 
I understand from [applicant] that he/she/they wrote to/emailed/faxed [public 
authority] on [date] to ask for a review to be carried out as he/she/they was/were 

---

dissatisfied with the way in which [public authority] had responded to the information 
request he/she/they made on [date].  [A copy of the request for review, together with 
the initial letter from [public authority], is enclosed.]  FOISA/the EIRs allow(s) public 
authorities 20 working days to carry out a request for review from the date of receipt 
of the request. 
 
OR 
 
(VEXATIOUS/REPEATED/MANIFESTLY UNREASONABLE) 
I understand from [applicant] that you have refused to deal with his/her/their request 
on the basis that the request from [applicant] of [date] is a vexatious request in terms 
of section 14(1) of FOISA/is a repeat request in terms of section 14(2) of FOISA/is 
manifestly unreasonable in terms of regulation 10(4)(b) of the EIRs.   
 
OR 
 
(FEES NOTICE) 
I understand from [applicant] that you have issued a fees notice in response to an 
information request made by [applicant] on [date].  [Applicant] contend(s) that the 
fees notice has been wrongly calculated by [public authority] in that [explain – e.g. 
costs too high]. 
 
I am therefore inviting [public authority] to comment on the matters raised by the 
application, a copy of which is enclosed.  Please note that this application relates 
to an alleged procedural breach by [public authority].  This investigation will 
consider only the alleged procedural breach.  As such, I do not require you to 
comment on whether the information requested by [applicant] should have been 
disclosed by [public authority].   
 
However, I do require you to explain why [public authority] has not responded to the 
information request and/or has failed to carry out a review/has refused to deal with 
the request on the basis that it is vexatious/repeat/manifestly unreasonable/how the 
fees notice was calculated and, where applicable, to provide me with evidence to 
support the position taken by [public authority].   
 
I require you to provide me with this information by [date – 2 weeks from date 
of notice]. 
 
If [public authority] wants to contest the matter contained in this notice, there is a 
right to appeal to the Court of Session on a point of law only.  Any such appeal must 
be made within 42 days of the date of intimation (i.e. date of posting) of this letter.   
 
Should you wish to discuss any aspect of this Information Notice, please contact 
[name of IO] on [contact details]. 
 
Yours sincerely 
 
[Name] 
[Deputy] Head of Investigations 
 

---

 
 
Our Ref: 
SL9 
Your Ref 
 
    
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:  
 
I refer to previous correspondence between you and our Validation Officer regarding 
your application to the Commissioner for a decision in connection with your request 
for [environmental] information relating to [subject matter of request]. This case has 
now been allocated to me as investigating officer and I will be your point of contact 
during the investigation.  
 
During the investigation I may be in touch to verify key facts and seek your response 
to points made by the authority.  If you have any queries at any point during the 
investigation, or would like a progress report, please do not hesitate to contact me 
[contact details]. 
 
It is important that you let me know about any additional information or changes in 
circumstances which may be relevant to the investigation. If [public authority] 
contacts you again in relation to your information request, or if you later find you no 
longer need a decision from the Commissioner, please let me know immediately.  
 
(IF NOT ALREADY SENT) 
I enclose a copy of our guidance for applicants, entitled “What Happens Next?” 
which provides information about the way in which your application will be 
investigated.  I hope you find it useful.  
 
Yours sincerely 
 
 
 
 
[Name] 
Freedom of Information Officer 
 

---

 
 
 
Our Ref: 
SL10a 
Your Ref 
 
RECORDED DELIVERY 
   
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Public Authority:   
 
I refer to your letter/email/fax of [date] applying for a decision by the Scottish 
Information Commissioner about the way in which [public authority] dealt with your 
request for information. 
 
Having considered your application, the Commissioner has determined that he is not 
required to issue a decision, as it appears to him that your application is 
frivolous/vexatious/manifestly unreasonable /has been withdrawn/abandoned. 
[Provide reasons for decision – these need to be as detailed as possible given that 
this may be appealed to the Court of Session.] 
 
If you would like to contest the Commissioner’s determination that no decision is 
required, you 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 of the date of intimation (i.e. the date 
of posting) of this letter. 
 
Yours sincerely 
 
 
 
 
[Name] 
Freedom of Information Officer 

---

 
 
Our Ref: 
SL10b 
Your Ref 
 
    
 
 
 
 
 
 
  
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
Applicant:   
 
As you are aware, the Scottish Information Commissioner received an application 
from [applicant] on [date], requesting a decision from him about the way in which 
[name of authority] dealt with his/her/their request for information. 
 
Having considered the application, the Commissioner has determined that it is 
frivolous/vexatious/has been withdrawn/abandoned.  This is because [reasons for 
decision].  Accordingly, no decision falls to be made by the Commissioner in relation 
to the application, and I have closed the case file. 
 
If [applicant] wants to contest the Commissioner’s determination that no decision 
falls to be made, he/she has the right to appeal to the Court of Session on a point of 
law only.  The applicant has 42 days to appeal.  I will let you know if an appeal is 
made. 
 
Thank you for your help with this matter. 
 
Yours sincerely 
 
 
 
 
[Name] 
Freedom of Information Officer 
 
 
 

---

 
 
Our Ref 
SL11a 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Application for a decision by the Scottish Information Commissioner 
 
I refer to previous correspondence regarding your application to the Commissioner 
for a decision in relation to the information request you made to [name of authority].   
 
[Public authority] has suggested that it may be possible to settle your case without 
requiring a Decision Notice from the Commissioner.  Settlement is a process by 
which both parties agree to a course of action which results in the applicant 
withdrawing their application for a decision from the Commissioner.  It often requires 
some compromise between the two parties, and can only take the place of a 
decision from the Commissioner if both parties agree on the terms of settlement.  
 
[Public authority] has proposed that [add details of proposal: e.g. information which 
the authority is willing to disclose; other information which could be provided instead; 
or proposal for private access to information without disclosure to general public]. 
 
I would be grateful for your views on this proposal.   
 
If you decide to accept/are interested in pursuing this settlement offer, I will go back 
to [public authority] to make arrangements for you to be provided with the information 
they are offering.  Once this information has been made available to you, I will then 
ask you to withdraw your formal application to the Commissioner.  
 
If we consider settlement options but do not reach an acceptable agreement, the 
Commissioner will issue a Decision Notice in relation to your application.  You do not 
have to consider settlement, but our past experience has shown that there are clear 
advantages in resolving some cases through settlement rather than by a decision 
from the Commissioner. [choose/adapt one of following options or list other 
advantages of settlement relating to case] 
 

---

•  Any information disclosed to you is not made available to the public at large - 
as it would be if it was released under FOISA.  It will not enter the public 
domain.  This may mean that a public authority is able to provide you with 
access to the information under certain conditions, and so avoid the harm that 
might be caused if the information was made generally available. 
•  Settlement may enable the public authority to work with you towards providing 
information which may not be exactly as you specified but which meets your 
needs. 
•  A public authority may agree to provide some of the information requested in 
return for the withdrawal of an application to the Commissioner: this may 
mean that you get information without waiting for a Decision Notice which may 
turn out to be in favour of the public authority. 
 
I would be grateful if you could consider the possibility of settlement, and let me 
know your views by [date].  I would be happy to discuss the proposal and the 
implications of settlement, if that would be helpful – my number is 01334 4646XX. 
 
Yours sincerely 
 
 
 
 
Name 
Freedom of Information Officer 
 
 

---

 
 
Our Ref 
SL11b 
Your Ref 
 
    
  
  
  
  
  
  
 
 
Dear  
 
Application for a decision by the Scottish Information Commissioner – 
settlement proposal 
 
I refer to our previous discussions about the possibility of reaching settlement on 
[name of applicant]’s case without requiring a decision from the Scottish Information 
Commissioner. 
 
Please confirm that [public authority] is willing to settle the case by providing the 
following information / taking the following steps: 
 
List information to be provided / steps to be taken 
 
Once I have your confirmation on the terms of the proposed settlement, I will ask 
[name of applicant] to confirm their acceptance. 
 
Please reply by [date]. 
 
Yours sincerely 
 
 
 
 
Name 
Freedom of Information Officer 
 

---

 
 
Our Ref: 
SL11c 
Your Ref 
 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Application for a decision by the Scottish Information Commissioner – 
settlement proposal 
 
I refer to our previous correspondence regarding the proposal that your case be 
settled without requiring a decision from the Scottish Information Commissioner. 
 
[Public authority] has confirmed that it would be willing to [provide the following 
information to you OR take the following steps], in order to settle your case: 
 
List information to be provided / steps to be taken 
I would be grateful if you could confirm that you are willing to settle your case, and 
withdraw your application for a decision from the Commissioner, if the information 
listed above is provided / if the actions listed above are taken. 
 
Please reply by [date]. 
 
Yours sincerely 
 
 
 
 
Name 
Freedom of Information Officer 
 

---

 
 
Our Ref: 
SL11d 
Your Ref 
 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Settlement of application to the Scottish Information Commissioner 
 
I understand that [public authority] has now provided the information /[other steps 
carried out] agreed as the basis for the settlement of your application to the Scottish 
Information Commissioner. 
 
I would be grateful if you could now confirm that you have withdrawn your application 
for a decision by the Commissioner, as agreed as one of the conditions of 
settlement. 
 
Yours sincerely 
 
 
 
 
Name 
Freedom of Information Officer 
 

---

 
 
Our Ref 
SL12 
Your Ref 
 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Application for Decision by the Scottish Information Commissioner 
 
I refer to your application for a decision about the way in which [name of public 
authority] dealt with your request for information [include short summary of 
information request]. 
 
I understand that [public authority] has now provided [some of] the information you 
requested, which had previously been withheld.   
 
Following the disclosure of this information, I am writing to ask whether you still 
require a decision from the Scottish Information Commissioner.  I would be grateful if 
you could let me know by [date – 10 days] whether you are content to withdraw your 
application for a decision.    
 
[May be useful to add paragraph to encourage withdrawal, perhaps explaining why 
remaining information has not been released, e.g. personal data, and (if relevant) 
warning that the Commissioner’s decision might not lead to any further information 
being released.  For example:  
 
Much of the remaining information has been withheld under the exemption in section 36(1) of 
the Freedom of Information (Scotland) Act 2002 (FOISA).  This exemption protects 
information about which a claim of confidentiality of communications could be upheld in legal 
proceedings, such as communications between a legal advisor and their client.  This 
exemption can only be upheld if it is not outweighed by the public interest in disclosure of the 
information.  The Commissioner has, in the vast majority of cases, accepted that there is a 
significant public interest in preserving the confidentiality of such communications. 
 
Or explain why the investigation indicates that the information does not appear to be 
held.   
 

---

If this type of content is added to the letter, it must be approved by DHOI or HOI 
before being sent (see Investigation Procedures).] 
 
If you feel that you would still like a decision from the Commissioner we will 
investigate your application, but the Commissioner’s decision will consider only 
whether the information which is still withheld should have been provided at the time 
of your request.  
 
I should explain that if you decide to withdraw your application for a decision, the 
Commissioner will still take note of any procedural and technical breaches, such as a 
failure to comply with the timescales for response laid down in the legislation. These 
will be recorded and may provide a basis for further enforcement action by the 
Commissioner against [public authority] at a future date.  
 
I would be grateful if you could let me know by [date – 10 days] whether you are 
content to withdraw your application for a decision by the Commissioner. 
 
Yours sincerely 
 
 
 
Name 
Freedom of Information Officer 
 

---

 
 
Our Ref: 
SL13a 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Public Authority:   
 
I refer to your application for a decision about the way in which [name of public 
authority] dealt with your request for information [include short summary of 
information request].   
 
[Name of IO] has investigated your application on my behalf.  I have found that in 
some respects [public authority] failed to comply with Part 1 of the Freedom of 
Information (Scotland) Act 2002 (FOISA)/the Environmental Information (Scotland) 
Regulations 2004 (the EIRs) in dealing with your request.] 
 
OR 
 
[Name of IO] has investigated your application on my behalf. I have found that 
[public authority] generally complied with Part 1 of the Freedom of Information 
(Scotland) Act 2002 (FOISA)/the Environmental Information (Scotland) Regulations 
2004 (the EIRs) in dealing with your request, but failed to comply with certain 
procedural requirements laid down in FOISA/the EIRs.] 
 
A copy of my Decision Notice is enclosed, but in summary I found that [summarise 
conclusions, with aim of explaining the points on which public authority failed to 
comply, and why]. 
 
I require [public authority] to [detail any steps to be taken] by [insert date at least 45 
days from date of posting of letter].  If [public authority] fails to take the required 
steps to comply with the terms of the Decision Notice I have the right to certify to the 
Court of Session that [public authority] has failed to comply.  The Court of Session 
can treat this failure as a contempt of court. 
 

---

OR 
 
On this occasion I have not required [public authority] to take any action following my 
decision, but I have noted that there has been a failure to comply with procedural 
requirements in FOISA/EIRs.  If similar breaches are committed in future, I may take 
further action against [public authority].  
 
If either you or [public authority] would like to contest my decision, there is a right to 
appeal to the Court of Session on a point of law only.  Any such appeal must be 
made within 42 days from the date of intimation (i.e. date of posting) of this letter. 
 
[I should be grateful if you would contact [name of IO] to let her/him know when 
[public authority] has provided you with the information.] 
 
A copy of the enclosed Decision Notice will be made available on my website after 5 
working days. [As you have asked to remain anonymous, your name will not appear 
in the published version of the Decision Notice.]  
 
Yours sincerely 
 
 
 
 
Kevin Dunion 
Scottish Information Commissioner 

---

 
 
Our Ref: 
SL13b 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Public Authority:   
 
I refer to your application to the Scottish Information Commissioner for a decision 
about the way in which [name of public authority] dealt with your request for 
information [may be helpful to include short summary of information request].   
 
[Name of IO] has investigated your application on behalf of the Commissioner.  The 
Commissioner has decided that in some respects [public authority] failed to comply 
with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA)/the 
Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with 
your request.   
 
OR 
 
[Name of IO] has investigated your application on behalf of the Commissioner. The 
Commissioner has decided that [public authority] generally complied with Part 1 of 
the Freedom of Information (Scotland) Act 2002 (FOISA)/the Environmental 
Information (Scotland) Regulations 2004 (the EIRs) in dealing with your request, but 
failed to comply with certain procedural requirements laid down in FOISA/the EIRs. 
 
A copy of the Commissioner’s Decision Notice is enclosed, but in summary the 
Commissioner found that [summarise conclusions, with aim of explaining the points 
on which public authority failed to comply, and why]. 
 
The Commissioner requires [public authority] to [detail any steps to be taken] by 
[insert date at least 45 days from date of posting of letter].  If [public authority] fails to 
take the required steps to comply with the terms of the decision notice the 
Commissioner has the right to certify to the Court of Session that [public authority] 

---

has failed to comply.  The Court of Session can treat this failure as a contempt of 
court. 
 
OR 
 
On this occasion the Commissioner has not required [public authority] to take any 
action following his decision, but he has noted that there has been a failure to 
comply with procedural requirements in FOISA/EIRs.  If similar breaches are 
committed in future, he may take further action against [public authority].  
 
If either you or [public authority] would like to contest the Commissioner’s decision, 
there is a right to appeal to the Court of Session on a point of law only.  Any such 
appeal must be made within 42 days of the date of intimation (i.e. date of posting) of 
this letter. 
 
[I should be grateful if you would contact [name of IO] to let her/him know when 
[public authority] has provided you with the information.] 
 
A copy of the enclosed Decision Notice will be made available on the 
Commissioner’s website after 5 working days. [As you have asked to remain 
anonymous, your name will not appear in the published version of the decision 
notice.]  
 
Yours sincerely 
 
 
 
 
Margaret Keyse/Claire Sigsworth/Euan McCulloch 
(Deputy) Head of Investigations 

---

 
 
 
Our Ref: 
SL13c 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
   
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Applicant:   
 
[Name of applicant] applied to me for a decision as to whether [public authority] 
breached Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA)/the 
Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with 
his/her/their request for information.  The request was for [insert summary of 
request].  [Name of IO] carried out an investigation on my behalf.  He/she has been 
in contact with [name of contact in public authority] during the investigation. 
 
[I am writing to advise you that I have decided that in some respects [public 
authority] failed to comply with Part 1 of the Freedom of Information (Scotland) Act 
2002 (FOISA)/the Environmental Information (Scotland) Regulations 2004 (the EIRs) 
in dealing with [applicant]’s request. ]  
 
OR 
 
[I am writing to advise you that I have decided that [public authority] generally 
complied with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA)/the 
Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with 
[applicant]’s request, but failed to comply with certain procedural requirements laid 
down in FOISA/the EIRs.] 
 
A copy of my Decision Notice is enclosed with this letter, but in summary I have 
found that [summary of conclusions]. 
 
In order for them to comply fully with the terms of my decision, I require [public 
authority] to [details of steps to be taken].  I require [public authority] to take these 
steps by [insert date at least 45 days from date of posting of letter].    If [public 

---

authority] fails to take the required steps to comply with the terms of the Decision 
Notice, I have the right to certify to the Court of Session that [public authority] has 
failed to comply.  The Court has the right to inquire into the matter and may deal with 
[public authority] as if it had committed a contempt of court.   
 
Please contact [name of IO] to let him/her know when these steps have been carried 
out. 
 
OR 
 
As stated in the Decision Notice, I do not require [public authority] to take any action 
in relation to these failures on this occasion.  Please be aware that if similar 
breaches occur in future I may take further action against [public authority].  
 
If either [public authority] or [applicant] wish to contest my findings, there is a right to 
appeal to the Court of Session on a point of law only.  Any such appeal must be 
made within 42 days from the date of intimation (i.e. date of posting) of this letter.   
 
A copy of this Decision Notice will be made available on my website after 5 working 
days. 
 
Yours sincerely 
 
 
 
 
Kevin Dunion 
Scottish Information Commissioner  
 

---

 
 
 
Our Ref: 
SL13d 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
   
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Applicant:   
 
[Name of applicant] applied to the Scottish Information Commissioner for a decision 
as to whether [public authority] breached Part 1 of the Freedom of Information 
(Scotland) Act 2002 (FOISA)/the Environmental Information (Scotland) Regulations 
2004 (the EIRs) in dealing with his/her/their request for information. The request was 
for [insert summary of request]. [Name of IO] carried out an investigation on behalf of 
the Commissioner.  He/she has been in contact with [name of contact in public 
authority] during the investigation. 
 
[I am writing to advise you that the Commissioner decided that in some respects 
[public authority] failed to comply with Part 1 of the FOISA/the EIRs in dealing with 
[applicant]’s request. ]  
 
OR 
 
[I am writing to advise you that the Commissioner decided that [public authority] 
generally complied with Part 1 of the FOISA/the EIRs in dealing with [applicant]’s 
request, but failed to comply with certain procedural requirements laid down in 
FOISA/the EIRs.] 
 
A copy of the Commissioner’s Decision Notice is enclosed with this letter, but in 
summary he found that [summary of conclusions]. 
 
In order to comply fully with the terms of the Commissioner’s decision, [public 
authority] is required to [details of steps to be taken].  These steps must be taken by 
[insert date at least 45 days from date of posting of letter].  If [public authority] fails to 
take the required steps to comply with the terms of the Decision Notice, the 

---

Commissioner has the right to certify to the Court of Session that [public authority] 
has failed to comply.  The Court has the right to inquire into the matter and may deal 
with [public authority] as if it had committed a contempt of court.   
 
Please contact [name of IO] to let him/her know when these steps have been carried 
out. 
 
OR 
 
As stated in the Decision Notice, [public authority] is not required to take any action 
in relation to these failures on this occasion.  Please be aware that if similar 
breaches occur in future the Commissioner may take further action against [public 
authority].  
 
If either [public authority] or [applicant] would like to contest the Commissioner’s 
findings, there is a right to appeal to the Court of Session on a point of law only.  Any 
such appeal must be made within 42 days from the date of intimation (i.e. date of 
posting) of this letter. 
 
A copy of this Decision Notice will be made available on the Commissioner’s website 
after 5 working days. 
 
Yours sincerely 
 
 
 
 
Margaret Keyse/Claire Sigsworth/Euan McCulloch 
(Deputy) Head of Investigations 

---

 
 
Our Ref: 
SL14a 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Public Authority:  
 
I refer to your correspondence with [name of IO] in connection with your application 
for a decision about the way in which [name of public authority] dealt with your 
request for information [may be helpful to include short summary of information 
request].   
 
I have investigated your application and have decided that [public authority] failed to 
comply with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA)/the 
Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with 
your request.  A copy of my Decision Notice is enclosed, but in summary I found that 
[summarise conclusions, with aim of explaining the points on which public authority 
failed to comply, and why]. 
 
I require [public authority] to [detail any steps to be taken] by [insert date at least 45 
days from date of posting of letter].  If [public authority] fails to take the required 
steps to comply with the terms of the Decision Notice I have the right to certify to the 
Court of Session that [public authority] has failed to comply.  The Court of Session 
can treat this failure as a contempt of court. 
 
If either you or [public authority] would like to contest my findings, there is a right to 
appeal to the Court of Session on a point of law only.  Any such appeal must be 
made within 42 days from the date of intimation (i.e. date of posting) of this letter. 
 
[I should be grateful if you would contact [name of IO] to let her/him know when 
[public authority] has provided you with the information.] 
 

---

A copy of the enclosed Decision Notice will be made available on my website after 5 
working days. [As you have asked to remain anonymous, your name will not appear 
in the published version of the decision notice.]  
 
Yours sincerely 
 
 
 
 
Kevin Dunion 
Scottish Information Commissioner  
 

---

 
 
Our Ref: 
SL14b 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Public Authority:  
 
I refer to your application for a decision from the Scottish Information Commissioner 
about the way in which [name of public authority] dealt with your request for 
information [may be helpful to include short summary of information request].   
 
[Name of IO] has investigated your application on behalf of the Commissioner.  The 
Commissioner has decided that [public authority] failed to comply with Part 1 of the 
Freedom of Information (Scotland) Act 2002 (FOISA)/the Environmental Information 
(Scotland) Regulations 2004 (the EIRs) in dealing with your request.  A copy of the 
Commissioner’s Decision Notice is enclosed, but in summary he found that 
[summarise conclusions, with aim of explaining the points on which public authority 
failed to comply, and why]. 
 
[Name of public authority] is required to [detail any steps to be taken] by [insert date 
at least 45 days from date of posting of letter].  If [public authority] fails to take the 
required steps to comply with the terms of the Decision Notice, the Commissioner 
has the right to certify to the Court of Session that [public authority] has failed to 
comply.  The Court of Session can treat this failure as a contempt of court. 
 
If either you or [public authority] would like to contest the Commissioner’s findings, 
there is a right to appeal to the Court of Session on a point of law only.  Any such 
appeal must be made within 42 days of the date of posting of this letter. 
 
[I should be grateful if you would contact [name of IO] to let her/him know when 
[public authority] has provided you with the information.] 
 
A copy of the enclosed Decision Notice will be made available on the 
Commissioner’s website after 5 working days. [As you have asked to remain 

---

anonymous, your name will not appear in the published version of the decision 
notice.]  
 
Yours sincerely 
 
 
 
 
Margaret Keyse/Claire Sigsworth/Euan McCulloch 
(Deputy) Head of Investigations 
 

---

 
 
Our Ref 
SL14c 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Applicant:  
 
[Name of applicant] applied to me for a decision as to whether [public authority] 
breached Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA)/the 
Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with 
his/her/their request for information.  The request was for [insert summary of 
information request.]  [Name of IO] carried out an investigation on my behalf.  He/she 
has been in contact with [name of contact in public authority] during the investigation. 
 
I am writing to advise you that I have decided that [public authority] failed to comply 
with FOISA)/the EIRs in dealing with [applicant]’s request for information.  A copy of 
my Decision Notice is enclosed with this letter, but in summary I have found that 
[summary of conclusions]. 
 
In order for them to comply fully with the terms of my decision, I require [public 
authority] to [details of steps to be taken].  I require [public authority] to take these 
steps by [insert date at least 45 days from date of posting of letter].  If [public 
authority] fails to take the required steps to comply with the terms of the decision 
notice, I have the right to certify to the Court of Session that [public authority] has 
failed to comply.  The Court has the right to inquire into the matter and may deal with 
[public authority] as if it had committed a contempt of court.   
 
Please contact [name of IO] to let him/her know when these steps have been carried 
out. 
 
OR 
 

---

As stated in the Decision Notice, I do not require [public authority] to take any action 
in relation to these failures on this occasion.  Please be aware that if similar 
breaches occur in future I may take further action against [public authority].  
 
If either [public authority] or [applicant] would like to contest my findings, there is a 
right to appeal to the Court of Session on a point of law only.  Any such appeal must 
be made within 42 days of the date of intimation (i.e. date of posting) of this letter.   
 
A copy of this Decision Notice will be made available on my website after 5 working 
days. 
 
Yours sincerely 
 
 
 
Kevin Dunion 
Scottish Information Commissioner  
 

---

 
 
Our Ref 
SL14d 
Your Ref 
 
RECORDED DELIVERY 
   
 
 
 
 
 
 
 
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Applicant:  
 
[Name of applicant] applied to the Scottish Information Commissioner for a decision 
as to whether [public authority] breached Part 1 of the Freedom of Information 
(Scotland) Act 2002 (FOISA)/the Environmental Information (Scotland) Regulations 
2004 (the EIRs) in dealing with his/her/their request for information.  The request 
was for [insert summary of information request.]  [Name of IO] carried out an 
investigation on behalf of the Commissioner.  He/she has been in contact with [name 
of contact in public authority] during the investigation. 
 
The Commissioner has decided that [public authority] failed to comply with Part 1 of 
the Freedom of Information (Scotland) Act 2002 (FOISA)/the Environmental 
Information (Scotland) Regulations 2004 (the EIRs) in dealing with your request.  A 
copy of the Commissioner’s Decision Notice is enclosed, but in summary he found 
that [summarise conclusions, with aim of explaining the points on which public 
authority failed to comply, and why]. 
 
[Name of public authority] is required to [detail any steps to be taken] by [insert date 
at least 45 days from date of posting of letter].  If [public authority] fails to take the 
required steps to comply with the terms of the Decision Notice, the Commissioner 
has the right to certify to the Court of Session that [public authority] has failed to 
comply.  The Court has the right to inquire into the matter and may deal with [public 
authority] as if it had committed a contempt of court. 
 
Please contact [name of IO] to let him/her know when these steps have been carried 
out. 
 

---

OR 
 
As stated in the Decision Notice, [public authority] is not required to take any action 
in relation to these failures on this occasion.  Please be aware that if similar 
breaches occur in future the Commissioner may take further action against [public 
authority].  
 
If either [public authority] or [applicant] would like to contest the Commissioner’s 
findings, there is a right to appeal to the Court of Session on a point of law only.  Any 
such appeal must be made within 42 days of the date of intimation (i.e. date of 
posting) of this letter.   
 
A copy of this Decision Notice will be made available on the Commissioner’s website 
after 5 working days. 
 
Yours sincerely 
 
 
 
 
Margaret Keyse/Claire Sigsworth/Euan McCulloch 
(Deputy) Head of Investigations 
 

---

 
 
Our Ref 
SL15a 
Your Ref 
 
RECORDED DELIVERY   
    
 
 
 
 
 
 
 
Dear  
 
SCOTTISH INFORMATION COMMISSIONER DECISION XXX/200X 
PUBLIC AUTHORITY:  
 
I refer to your previous correspondence with [name of IO] in connection with your 
application to me for a decision [may be helpful to include short summary of request].  
I am writing to let you know that I have decided that [public authority] complied fully 
with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA)/the 
Environmental Information (Scotland) Regulations 2002 (the EIRs) in dealing with 
your request for information.   
 
A copy of my Decision Notice is enclosed with this letter, but in summary I found that 
[summarise conclusions, with aim of explaining why public authority is considered to 
have complied]. As a result I do not require [public authority] to take any action / 
provide you with the information you asked for. 
 
Whilst this outcome may be disappointing for you, I hope you will see from my 
Decision Notice that your application has been considered carefully.  If you want to 
contest my findings, you have a right to appeal to the Court of Session on a point of 
law only.  Any such appeal must be made within 42 days of the date of intimation 
(i.e. date of posting) of this letter.  
 
A copy of the Decision Notice will be made available on my website after 5 working 
days.  [As you have asked to remain anonymous, your name will not appear in the 
published version of the decision notice.]  
 
Yours sincerely 
 
 
 
 
Kevin Dunion 
Scottish Information Commissioner  

---

 
 
Our Ref 
SL15b 
Your Ref 
 
RECORDED DELIVERY 
    
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Public Authority:  
 
I refer to your application for a decision from the Scottish Information Commissioner 
about the way in which [name of public authority] dealt with your request for 
information [may be helpful to include short summary of information request].   
 
[Name of IO] has investigated your application on behalf of the Commissioner.  The 
Commissioner has decided that [public authority] complied fully with Part 1 of the 
Freedom of Information (Scotland) Act 2002 (FOISA)/the Environmental Information 
(Scotland) Regulations 2002 (the EIRs) in dealing with your request for information.   
 
A copy of the Commissioner’s Decision Notice is enclosed with this letter, but in 
summary he found that [summarise conclusions, with aim of explaining why the 
public authority is considered to have complied]. As a result he does not require 
[public authority] to take any action / provide you with the information you asked for. 
 
Whilst this outcome may be disappointing for you, I hope you will see from the 
Decision Notice that your application has been considered carefully.  If you want to 
contest the Commissioner’s findings, you have a right to appeal to the Court of 
Session on a point of law only.  Any such appeal must be made within 42 days from 
the date of intimation (i.e. date of posting) of this letter.   
 
A copy of the Decision Notice will be made available on the Commissioner’s website 
after 5 working days.  [As you have asked to remain anonymous, your name will not 
appear in the published version of the decision notice.]  
 
Yours sincerely 
 
 
Margaret Keyse/Claire Sigsworth/Euan McCulloch 
(Deputy) Head of Investigations 

---

 
 
Our Ref 
SL15c 
Your Ref 
 
RECORDED DELIVERY 
   
 
 
 
 
 
 
  
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Applicant:   
 
[Name of applicant] applied to me for a decision as to whether [public authority] 
breached Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA)/the 
Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with 
his/her/their request for information.  The request was for [insert summary of 
information request.]  [[Name] of IO] has carried out an investigation on my behalf.  
He/she has been in contact with [name of contact in public authority] during the 
investigation. 
 
I am writing to let you know I have decided that [public authority] complied fully with 
Part 1 of FOISA/ the EIRs in dealing with [applicant]’s request.  A copy of my 
Decision Notice is enclosed with this letter, but in summary I have found that 
[summary of conclusions]. Consequently, I do not require [public authority] to take 
any action. 
 
Both [applicant] and [public authority] have the right to appeal my decision to the 
Court of Session on a point of law only.  Any such appeal must be made within 42 
days of the date of intimation (i.e. date of posting) of this letter.  
 
A copy of the Decision Notice will be made available on my website after 5 working 
days. 
 
Yours sincerely 
 
 
 
 
Kevin Dunion 
Scottish Information Commissioner  

---

 
 
Our Ref 
SL15d 
Your Ref 
 
RECORDED DELIVERY 
   
 
 
 
 
 
 
 
 
 
 
Dear  
 
Scottish Information Commissioner Decision xxx/200x 
Applicant:  
 
[Name of applicant] applied to the Scottish Information Commissioner for a decision 
as to whether [public authority] breached Part 1 of the Freedom of Information 
(Scotland) Act 2002 (FOISA)/the Environmental Information (Scotland) Regulations 
2004 (the EIRs) in dealing with his/her/their request for information.  The request 
was for [insert summary of information request].  [[Name] of IO] has carried out an 
investigation on behalf of the Commissioner.  He/she has been in contact with [name 
of contact in public authority] during the investigation. 
 
The Commissioner has decided that [public authority] complied fully with Part 1 of 
FOISA/ the EIRs in dealing with [applicant]’s request.  A copy of the Decision Notice 
is enclosed with this letter, but in summary [summary of conclusions]. Consequently, 
[public authority] is not required to take any action. 
 
Both [applicant] and [public authority] have the right to appeal the Commissioner’s 
decision to the Court of Session on a point of law only.  Any such appeal must be 
made within 42 days of the date of intimation (i.e. date of posting) of this letter.   
 
A copy of the Decision Notice will be made available on the Commissioner’s website 
after 5 working days. 
 
Yours sincerely 
 
 
 
Margaret Keyse/Claire Sigsworth/Euan McCulloch 
(Deputy) Head of Investigations 

---

 
 
Our Ref: 
SL16 
Your Ref 
 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Decision from the Scottish Information Commissioner 
  
I refer to your letter of [date], in connection with the Scottish Information 
Commissioner’s Decision Notice [details of decision notice].  You have advised us 
that you are unhappy with certain aspects of the Commissioner’s decision, in that 
[list short summary of complaint]. 
 
I have considered all the issues raised in your letter, but believe that these would not 
have affected the outcome of our investigation or the decision issued by the 
Commissioner.  I should also explain that the Freedom of Information (Scotland) Act 
2002 does not/the Environmental Information (Scotland) Regulations 2004 do not 
give the Commissioner the power to withdraw or make changes to a Decision Notice 
once it has been issued: the only circumstances in which this could happen would be 
if the decision was appealed to the Court of Session, who then required the 
Commissioner to re-visit the decision because he had made a legal error.   
 
I would strongly suggest that you seek independent legal advice if you are 
considering an appeal to the Court of Session and that you take account of the fact 
that an appeal should be made within 42 days of the date of intimation of the 
Decision Notice. 
 
[if relevant] 
 
Some of the matters you mention in your letter could not be investigated/commented 
upon/considered by the Commissioner in his Decision Notice.  The Commissioner 
can only consider whether a Scottish public authority has complied with the Freedom 
of Information (Scotland) Act 2002 (FOISA)/the Environmental Information (Scotland) 
Regulations 2004 (the EIRs) in dealing with an information request.  He cannot 
consider any other issues or complaints/[choose from following if appropriate] 
 

---

whether staff in the public authority should have given you their thoughts or opinions 
– FOISA and the EIRs only give you rights regarding the recorded information held 
by the public authority. 
 
complaints about the way in which staff in the public authority have treated you, 
except where these relate directly to the way in which your request for information 
was handled.  (The Scottish Public Services Ombudsman may be able to investigate 
other complaints about staff conduct.  If you would like me to provide you with her 
contact details, please let me know.) 
 
whether the public authority should have recorded certain information, but failed to 
do so.  FOISA and the EIRs do not require Scottish public authorities to keep records 
or create information.  The Commissioner can only consider questions relating to 
recorded information which existed within the public authority at the time of your 
request. 
 
whether the information held by the public authority is accurate or correct. 
 
I am sorry that the investigation did not turn out the way you had hoped. 
 
Yours sincerely 
 
 
 
 
Name 
Freedom of Information Officer 
 

---

 
 
Our Ref: 
SL17a 
Your Ref 
 
    
 
 
 
 
 
 
 
 
 
Dear  
 
Compliance with Decision of Scottish Information Commissioner 
Decision No:  
 
I refer to our letter of [date] enclosing the Scottish Information Commissioner’s 
Decision Notice (Decision xxx/200x) in relation to your application.  I should be 
obliged if you would confirm whether [public authority] has now carried out the steps 
required by the Decision Notice and, if so, when this took place. 
 
As you will be aware, in order to comply with the Decision Notice, the public authority 
was expected to [insert details]. 
 
Many thanks. 
 
Yours sincerely 
 
 
 
[Name] 
Validation Officer 
 
 
 

---

 
 
Our Ref 
SL17b 
Your Ref 
 
    
  
  
  
  
  
  
 
 
Dear  
 
Compliance with Decision of Scottish Information Commissioner 
Decision No:  
 
I refer to our letter of [date] enclosing the Scottish Information Commissioner’s 
Decision Notice (Decision xxx/200x) (applicant [name]).  Please confirm whether 
your authority has carried out the steps required in the Decision Notice and, if so, 
when this took place.   
 
As you will be aware, in order to comply with the Decision Notice, your authority was 
expected to [insert details].  [If information was to be released] Please provide me 
with copies of the information sent to [name of applicant] / a schedule showing the 
documents which were sent to [name of applicant]. 
 
Yours sincerely 
 
 
 
[Name] 
Validation Officer 

---

 
 
Our Ref 
SL18a 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
Dear  
 
Compliance with Decision of Scottish Information Commissioner  
Decision No: 
 
I refer to previous correspondence in connection with the above and confirm that I 
have received evidence that [public authority] has complied with the requirements of 
the Scottish Information Commissioner’s Decision [xxx/200x] of [date]. 
 
The case file has now been closed. I hope you are satisfied with this conclusion to 
your application.  
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 
 
 

---

 
 
Our Ref 
SL18b 
Your Ref 
 
    
 
 
 
 
 
 
 
  
 
 
 
 
 
Dear  
 
Compliance with Decision of Scottish information Commissioner  
Decision No: 
 
I refer to previous correspondence in connection with the above and confirm that I 
have received evidence that [public authority] has complied with the requirements of 
the Scottish Information Commissioner’s Decision [xx/200x] of [date]. 
 
I have confirmed your authority’s compliance with [applicant] and will now close my 
file.  
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
Our Ref 
SL19 
Your Ref 
 
    
 
 
 
 
 
 
 
    
 
 
 
 
Dear    
 
 
Investigation by Scottish Information Commissioner – Returned Documents 
[Applicant] and [Public Authority] 
 
Following the conclusion of the investigation carried out by the Scottish Information 
Commissioner, I return the documents sent to this Office in relation to the 
investigation together with a copy of the schedule of documents. 
 
I have now closed the case file. 
 
Please acknowledge your receipt of the enclosed documents. 
 
OR  
 
Following the conclusion of the investigation carried out by the Scottish Information 
Commissioner, I can confirm that all documents sent to this Office in connection with 
the investigation have been securely destroyed. 
 
I have now closed the case file. 
 
Yours sincerely 
 
 
 
 
[Name] 
Validation Officer 
 

---

 
 
 
Our Ref 
SL20 
Your Ref 
 
 RECORDED DELIVERY 
   
 
 
 
 
 
 
 
  
 
 
 
 
Dear  
 
Compliance with Decision of Scottish Information Commissioner  
Decision No:  
 
I refer to the letter from the Scottish Information Commissioner of [date] enclosing his 
Decision Notice in relation to Decision [xxx/200x] (applicant [name]).  In his letter 
(and the accompanying decision notice) he confirmed the steps which he required 
you to take in order to comply with the terms of the Freedom of Information 
(Scotland) Act 2002/Environmental Information (Scotland) Regulations 2004 together 
with the time limit for compliance.  To date, I have not received evidence that you 
have complied with the requirements of the Decision Notice. 
 
If you do not provide me with satisfactory evidence of compliance with the Decision 
Notice within 10 working days from receipt of this letter, steps will be taken to refer 
this matter to the Court of Session. 
 
Yours sincerely 
 
 
 
 
 
Margaret Keyse 
Head of Investigations 
 

---

 
Our Ref: 
SL21 
Your Ref 
 
 RECORDED DELIVERY 
   
 
 
 
 
 
 
  
  
   
 
 
 
 
Dear  
 
Compliance with Decision of Scottish Information Commissioner  
Decision No:  
 
I refer to previous correspondence in connection with the Commissioner’s Decision 
[xxx/200x] (applicant [name]) , most recently my letter of [date] giving [public 
authority] 10 working days notice to comply with the terms of the said Decision 
Notice.  As your authority has failed to comply with the terms of the Decision Notice I 
have now instructed the Commissioner’s solicitors to commence preparations for 
referral of this matter to the Court of Session. 
 
In order to prevent this matter being referred to the Court of Session you have 5 
working days from receipt of this letter to comply with the terms of the Decision 
Notice. 
 
Yours sincerely 
 
 
 
 
Margaret Keyse 
Head of Investigations 
 

---

 
 
Our Ref: 
SL22 
Your Ref 
 
RECORDED DELIVERY   
   
 
 
 
 
 
  
  
  
 
 
 
 
 
Dear  
 
Compliance with Decision of Scottish Information Commissioner  
Decision No: 
 
I refer again to the letter from the Scottish Information Commissioner of [date] 
advising you of the above decision following an application from [applicant].  In his 
letter (and the accompanying Decision Notice) he confirmed the steps which he 
required you to take in order to comply with the terms of the Freedom of Information 
(Scotland) Act 2002/Environmental Information (Scotland) Regulations 2004 together 
with the time limit for compliance.   
 
As [public authority] has failed to comply with the terms of the decision notice within 
the specified time limit, this matter has now been referred to the Court of Session.  A 
copy of the referral is enclosed for your information.  
 
Yours sincerely 
 
 
 
 
Margaret Keyse 
Head of Investigations 
 

---

 
 
Our Ref 
SL23a 
Your Ref 
 
RECORDED DELIVERY 
   
 
 
 
 
 
 
 
 
 
 
 
Dear  
 
INFORMATION NOTICE UNDER SECTION 50 OF THE FREEDOM OF 
INFORMATION (SCOTLAND) ACT 2002  
APPLICANT:   
 
I refer to the letter(s) from [name of IO] dated [date(s)] and note that the 
Commissioner has not yet received the information required by him to investigate 
fully an application under section 47(1) of the Freedom of Information (Scotland) Act 
2002 (FOISA)/whether [public authority] has complied or is complying with the 
provisions of the Freedom of Information (Scotland) Act 2002 (FOISA)/a Code of 
Practice under section 60/61 of the Freedom of Information (Scotland) Act 2002 
(FOISA)/the Environmental Information (Scotland) Regulations 2004 (the EIRs)/a 
Code of Practice under regulation 18(1) of the Environmental Information (Scotland) 
Regulations 2004 (the EIRs). 
 
Please note that this is a formal Information Notice under section 50 of FOISA.  
If [public authority] fails to comply with this notice within the specified time 
limit, the Commissioner has the right to certify to the Court of Session that it 
has failed to comply with the notice.  The Court has the right to inquire into the 
matter and may deal with [public authority] as if it had committed a contempt 
of court. 
 
The Commissioner requires [information required]  
 
[If s47(1) application must state that application has been received under that 
section] 
 
[If other than in relation to s47(1) application detail: 
 

---

i.  Purpose in s51(b) for which information is required, 
ii. Reason for regarding it as such, and 
iii. The time limit (see below)]. 
 
This information can be forwarded to me by email/in hard copy/[alternative format]. 
 
All information must be forwarded to me by no later than [date]. 
 
If you have obtained legal advice either in respect of your duties under FOISA/the 
EIRs or in connection with/in contemplation of legal proceedings under or arising out 
of FOISA/the EIRs, you are under no obligation to provide the Commissioner with a 
copy of that advice, although you may choose to do so.  If the advice you have 
received supports the way in which you have dealt with the request for information 
from the applicant, then providing the Commissioner with a copy of the advice may 
assist your case.  
 
If [public authority] would like to contest the matter contained in this Notice, there is a 
right to appeal to the Court of Session on a point of law only.  Any such appeal must 
be made within 42 days from the date of intimation (i.e. date of posting) of this 
Notice.  
 
Should you wish to discuss any aspect of this Notice, please contact [name of IO] on 
[contact details]. 
 
Yours sincerely 
 
 
 
Margaret Keyse/Euan McCulloch/Claire Sigsworth 
[Deputy] Head of Investigations 
 

---

 
 
Our Ref 
SL23b 
Your Ref 
 
RECORDED DELIVERY 
    
  
  
  
  
  
  
 
 
Dear  
 
INFORMATION NOTICE UNDER SECTION 50 OF THE FREEDOM OF 
INFORMATION (SCOTLAND) ACT 2002  
APPLICANT: 
 
I refer to the letter(s) from [name of IO] dated [date(s)] and note that I have not yet 
received the information required by me to investigate fully an application under 
section 47(1) of the Freedom of Information (Scotland) Act 2002 (FOISA)/whether 
[public authority] has complied or is complying with the provisions of the Freedom of 
Information (Scotland) Act 2002 (FOISA)/a Code of Practice under section 60/61 of 
the Freedom of Information (Scotland) Act 2002 (FOISA)/the Environmental 
Information (Scotland) Regulations 2004 (the EIRs)/a Code of Practice under 
regulation 18(1) of the Environmental Information (Scotland) Regulations 2004 (the 
EIRs). 
 
Please note that this is a formal Information Notice under section 50 of FOISA.  
If [public authority] fails to comply with this notice within the specified time 
limit, I have the right to certify to the Court of Session that it has failed to 
comply with the notice.  The Court has the right to inquire into the matter and 
may deal with [public authority] as if it had committed a contempt of court. 
 
I require [information required]  
 
[If s47(1) application must state that application has been received under that 
section] 
 
[If other than in relation to s47(1) application detail: 
 
i.  Purpose in s51(b) for which information is required, 
ii. Reason for regarding it as such, and 
iii. The time limit (see below)]. 
 

---

This information can be forwarded to me by email/in hard copy/[alternative format]. 
 
All information must be forwarded to me by no later than [date]. 
 
If you have obtained legal advice either in respect of your duties under FOISA/the 
EIRs or in connection with/in contemplation of legal proceedings under or arising out 
of FOISA/the EIRs, you are under no obligation to provide me with a copy of that 
advice, although you may choose to do so.  If the advice you have received supports 
the way in which you have dealt with the request for information from the applicant, 
then providing me with a copy of the advice may assist your case.  
 
If [public authority] would like to contest the matter contained in this notice, there is a 
right to appeal to the Court of Session on a point of law only.  Any such appeal must 
be made within 42 days from the date of intimation (i.e. date of posting) of this 
notice.  
 
Should you wish to discuss any aspect of this Notice, please contact [name of IO] on 
[contact details]. 
 
Yours sincerely 
 
 
 
Kevin Dunion 
Scottish Information Commissioner 
 

---

 
 
Our Ref: 
SL24 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
 
Dear   
 
Information Notice - Reminder 
Applicant:   
 
I refer to the Information Notice which was sent to you on [date], in which I requested 
information following an application for a decision under/an investigation into a 
suspected breach of [Part 1] of the Freedom of Information (Scotland) Act 
2002//Environmental Information (Scotland) Regulations 2004.  As I have not heard 
from you within the time limit specified in that Information Notice, I must now advise 
you that my intention is to contact the Commissioner’s Edinburgh Agents to 
commence preparations for Court of Session action. 
 
In order to avoid such action you should forward the required information within 5 
working days of receipt of this letter. 
 
Yours sincerely 
 
 
 
[Name] 
(Deputy) Head of Investigations 

---

 
Our Ref: 
SL25 
Your Ref 
 
     
 
 
  
 
 
 
 
 
 
 
Dear  
 
Information Notice - Cancellation 
Applicant:   
 
I refer to the Information Notice of [date] requesting information from [public 
authority] in relation to [details of request].   
 
This letter is to advise you that I have cancelled the Information Notice in terms of 
section 50(8) of the Freedom of Information (Scotland) Act 2002. 
. 
 
Yours sincerely 
 
 
 
 
 
[Name] 
(Deputy) Head of Investigations  
 

---

 
 
Our Ref: 
SL26 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
Dear  
 
FAILURE TO COMPLY WITH FREEDOM OF INFORMATION (SCOTLAND) ACT 
2002 / ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2002 
 
I refer to previous correspondence in connection with the above.  My investigation is 
now complete and I have established that [public authority] has failed to comply with 
a provision of Part 1 of the Freedom of Information (Scotland) Act/the Environmental 
Information (Scotland) Regulations 2004.  [Give details of failure] 
 
[Public authority] is required to take the following steps to comply with the 
Act/Regulations. 
 
[detail steps to be taken] 
 
[Public authority] must ensure that these steps are taken by [insert time limit] . 
 
If you do not comply with this Notice within the specified time limit, I have the right to 
issue an Enforcement Notice.  If you do not comply with such a Notice, I have to right 
to refer the matter to the Court of Session.  The Court has the right to inquire into the 
matter and may deal with [public authority] as if it had committed a contempt of court. 
 
Yours sincerely 
 
 
 
 
Kevin Dunion 
Scottish Information Commissioner 
 

---

 
 
Our Ref 
SL27 
Your Ref 
 
    
 
 
 
 
 
 
 
 
 
 
 
Dear  
 
ENFORCEMENT NOTICE UNDER SECTION 51 OF THE FREEDOM OF 
INFORMATION (SCOTLAND) ACT 2002 
 
Despite previous requests, I have not yet received confirmation that you have 
complied with the terms of my letter dated [date].  As a result, I am now issuing 
[public authority] with a formal Enforcement Notice. 
 
Please note that this is a formal Enforcement Notice under section 51 of the 
Freedom of Information (Scotland) Act 2002.  If you fail to comply with this 
notice within the specified time limit, I have the right to certify to the Court of 
Session that you have failed to comply with the notice.  The Court has the right 
to inquire into the matter and may deal with [public authority] as if it had 
committed a contempt of court. 
 
[Public authority] has failed to comply with [provision of Part1/EIRs not complied with 
and details of failure]. 
 
[Public authority] must [details of what must be done] no later than [date]. 
 
If [public authority] wants to contest the matter contained in this Notice, there is a 
right to appeal to the Court of Session on a point of law only.  Any such appeal must 
be made within 42 days of the date of intimation (i.e. date of posting) of this letter.  
 
Yours sincerely 
 
 
 
Kevin Dunion 
Scottish Information Commissioner 

---

 
 
Our Ref: 
SL28 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
 
 
Dear  
 
ENFORCEMENT NOTICE 
 
I refer to the letter of [date] from (name) asking that [public authority] comply with the 
terms of my Formal Request dated [date].  As [public authority] has not yet complied 
with the terms of this Notice within the specified time limit, I must now advise you 
that I intend to instruct the Commissioner’s solicitors to commence preparations for 
Court of Session action. 
 
In order to avoid such action you must comply with the terms of the said Notice 
within five working days. 
 
Yours sincerely 
 
 
 
 
Margaret Keyse 
Head of Investigations  

---

 
 
Our Ref 
SL29 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
 
Dear  
 
ENFORCEMENT NOTICE – CANCELLATION  
 
 
I refer to the Enforcement Notice of [date] requiring [public authority] to [details of 
notice].   
 
I write to advise you that the requirements set out in the Enforcement Notice need no 
longer be complied with and that I am therefore cancelling the Notice in terms of 
section 51(4) of the Freedom of Information (Scotland) Act 2002.   
 
Yours sincerely 
 
 
 
 
[Name] 
[Deputy]Head of Investigations 
 
 
 

---

 
 
Our Ref 
SL30a 
Your Ref 
 
   
 
 
 
 
 
 
 
 
 
Dear  
 
(Name of public authority)  
ASSESSMENT OF COMPLIANCE WITH GOOD PRACTICE 
  
As you are aware, one of the functions of the Scottish Information Commissioner, as 
set out in section 43(3) of the Freedom of Information (Scotland) Act 2002 (FOISA), 
is to assess whether public authorities covered by FOISA and the Environmental 
Information (Scotland) Regulations 2004 (the EIRs) are following good practice. 
Assessments are carried out in accordance with the Commissioner’s Enforcement 
Strategy, a copy of which was sent to you on 27 May 2008, and can be accessed via 
this link; 
http://www.itspublicknowledge.info/ScottishPublicAuthorities/ComplianceEnforcemen
t.asp. 
  
I am writing to advise you that it is the Commissioner’s intention to carry out an 
assessment of [name of public authority] to determine whether it is following good 
practice, as part of his current assessment programme. The assessment will cover 
all aspects of the authority’s practice in relation to FOISA and the EIRs, but particular 
attention will be paid to the following (being matters identified by the Commissioner 
as being of potential concern): 
  
[list any specific issues to be covered]. 
  
 Two Freedom of Information Officers from the Commissioner’s office, [names of 
FOIOs], will be carrying out an assessment of your authority’s practice. It is intended 
that the on-site part of this assessment will commence at your authority’s premises 
on [                ] and will thereafter take XX day(s) to complete, the projected 
completion date being [date]. I should be grateful if you would contact [contact 
details of assessor] by [date], (give authority seven working days from the date of the 
letter to contact officer if there is a problem with the suggested date), to arrange a 
preliminary meeting with yourself or a senior representative on your behalf and your 

---

FOI Officer on [commencement date]. If the intended dates are unsuitable, it may be 
possible to arrange alternatives. 
  
The assessment will involve carrying out interviews with yourself/ your representative 
and the officer(s) in your authority responsible for Freedom of Information at a 
corporate level, along with a selection of members of staff who are involved in the 
day to day handling of information requests and in carrying out reviews. Generally, 
these officers should be selected by your authority, but the assessors would in 
particular wish to interview [add names of any particular officers to be interviewed]. 
Please provide a list of the officers to be made available for interview when 
responding to this letter.  I would also be grateful if you could confirm that they will be 
available when required. 
  
The officer(s) carrying out the assessment will need to have access to the relevant 
policies and procedures maintained by your authority for handling and responding to 
information requests (including any procedures/guidance for carrying out reviews), 
together with the systems used to record such requests and documentation which 
demonstrates how requests have been handled in practice.  With a view to allowing 
the assessors to consider documentation and request handling data in advance of 
the visit to your authority, the attached questionnaire has been prepared and I should 
be grateful if you would arrange for this to be completed and returned to [   ] at this 
Office by [not less than 20 working days]. A prepaid envelope/label is enclosed for 
this purpose.  Alternatively this questionnaire can be completed online via this link, 
and should be emailed with electronic versions of the requisite documents to [   ] at 
OSIC. 
 
At the end of the assessment, the assessors will identify any key issues arising, and 
there will be an opportunity for discussion.  
  
A draft assessment report will be provided to you following the completion of the 
assessment. Within a specified timescale, your authority will be asked to produce an 
action plan to address any instances of non-conformance to good practice and 
further discussion may be required.  At the end of this process, the final report will be 
approved by the Commissioner and sent to you, and followed up as required.   
  
Any information the Commissioner receives as a result of carrying out this 
assessment may be used to inform his decision making as to whether any 
enforcement action is necessary. The Commissioner may also be required to 
disclose this information in response to any relevant requests for information he 
receives under section 1 of FOISA, although (name of public authority) will generally 
be provided with an opportunity to comment on whether information should be 
disclosed before I respond to such a request. 
  
I look forward to your cooperation with this assessment. 
  
Yours sincerely 
    
Kevin Dunion 
Scottish Information Commissioner 

---

SL30b 
 
If your authority does not hold exact figures in relation to questions 2, 3a, 3b, 4a, 4c, 
5a, 5b, 8a, 8c, 15, 17, 18 and 19 asked below, please provide estimated figures and 
note next to your response that the figure given is an estimate, together with the 
basis of the estimate. 
 
As the section 60 Code of Practice requires public authorities to gather data in 
relation to the areas covered by questions 3d, 4b, 5c, 7, 8b, 10, 13, 14 and 16 please 
provide exact figures in response to these questions. 
 
As the section 62 Code of Practice requires public authorities to gather data in 
relation to the areas covered by questions 3c, 3d,5c, 5d, 7, 11 and 13 please provide 
exact figures in response to these questions. 
 
General 
 
Q1.  Please state the name of the Scottish public authority you are responding on 
behalf of.   
 
 
Responding to requests for information 
 
When answering questions 2, 3, 4, 5, 7, 8, 10,11, 13, 14, 15 and 16 please do so by 
providing separate figures for each financial year. 
 
Q2.  How many requests for information has your authority received under FOISA 
and the EIRs. 
 
FOISA   
                        EIRs 
 
April 06 – March 07 
April 06 – March 07 
 
 
April 07 – March 08     
April 07 – March 08 
     
 
Q3.  Of the information requests received by your authority under FOISA and the 
EIRs, in how many cases did the authority (where your authority does not distinguish 
between FOI and EIR requests in recording, please put a cumulative total in under 
FOISA) 
 
a)  Release all of the information requested? 
 
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
 
 
b)  Partially release the information requested? 

---

 
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
 
      c)   Respond that the information requested was not held? 
 
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
 
d)  Refuse to disclose the information requested? 
 
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
 
 
Q4.  In responding to an information request under FOISA, on how many occasions 
did your authority 
        
a)  Respond to the applicant within 20 working days? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
b)  Respond to the applicant after more than 20 working days? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
 
c)  Fail to provide any response to the applicant? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
 
Q5.  In responding to an information request under the EIRs, on how many 
occasions did your authority 
 
a)  Respond to the applicant within 20 working days? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 

---

b)  Extend its time for response by up to 20 working days, in line with 
Regulation 7? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
c)  Respond to the applicant after more than 20 working days, where the time 
for response had not been extended? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
d)  Fail to provide any response to the applicant? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
 
Q6.  Has your authority identified aspects of its handling of information requests 
which it might have dealt with better?  
 
Yes                                                  No 
 
If yes, please indicate what these were and what measures have been put in place 
to address them. 
 
Responding to requirement for a review 
 
Q7.  How many of the responses your authority made to information requests under 
FOISA and the EIRs was it asked to review?  (where your authority does not 
distinguish between FOI and EIR requests in recording, please put a cumulative total 
in under FOISA) 
 
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
 
Q8.  In carrying out a review, on how many occasions did your authority 
(in providing the answer to the questions below, please separate out requests for 
information dealt with under FOISA, and those dealt with under the EIRs) 
       
a)  Respond to the applicant within 20 working days? 
 
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
 

---

      b)   Respond to the applicant after more than 20 working days? 
 
            
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
            
       c)  Fail to respond? 
 
FOISA 
 
EIRs 
 
April 06 – March 07     
April 06 – March 07 
                    
April 07 – March 08 
 
April 07 – March 08 
 
 
Q9.  Please place a tick against all of the factors detailed below which apply to your 
authority’s arrangements for carrying out reviews; 
 
•  The review is carried out by the same staff as 
 
respond to the information request 
 
•  The review is carried out by different staff from those   
who respond to the information request 
 
•  The information request is always considered afresh   
during the review process 
 
•  The review process is used as an opportunity to 
 
endorse the decision that has already been made on 
the information requested 
•  We have a written procedure/guidance which is 
 
followed when undertaking a review. 
 
•  We do not have any written procedures/guidance 
 
which are followed in undertaking reviews 
 
 
Q10.  Having carried out a review under FOISA, on how many occasions did your 
authority 
 
a)  Confirm its original response, with or without modification? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
b)  Substitute for its original decision a different decision?  
 
 
April 06 – March 07 
 
April 07 – March 08 
 

---

 
c)  Reach a decision, where the complaint was that no decision had been 
reached? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
Q11.  Having carried out a review under the EIRs, on how many occasions did your 
authority 
 
a)  Consider that it had complied with the EIRs in relation to the request? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
b) Decide that it had not complied with its duty under the EIRs and take 
steps to remedy the breach of duty? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
Q12.  Has your authority identified aspects of its handling of reviews which it might 
have dealt with better? 
 
Yes                              No 
 
If yes, please indicate what these were and what measures have been put in place 
to address them. 
 
Fees notices 
 
Q13.  On how many occasions has your authority responded to a request for 
information by issuing a fees notice under  
 
a)  section 9 of FOISA? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
b)  regulation 8 of the EIRs? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
Q14.  On how many occasions has your authority responded to an information 
request by relying on section 12 of FOISA, on the basis that the cost of complying 
with the request would be in excess of the £600 threshold? 
 
April 06 – March 07 
 

---

April 07 – March 08 
 
 
Q15.  On how many occasions has your authority provided the applicant with an 
indication of what information can be provided below the cost threshold of £600, 
where the full request for information would be refused on cost grounds? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
Q16.  On how many occasions has your authority responded to an information 
request by issuing a fees notice under section 13 of FOISA? 
 
April 06 – March 07 
 
April 07 – March 08 
 
 
Transferring requests 
 
Q17.  On how many occasions has your authority transferred a request for 
information to another authority under regulation 14 of the EIRs? 
 
Q18.  With regard to information requests transferred to another authority, on how 
many occasions did your authority establish prior to the transfer that the other 
authority held the requested information? 
 
Q19.  With regard to information requests transferred to another authority, on how 
many occasions did your authority seek and receive the agreement of the applicant 
to transfer the request? 
 
Internal monitoring, assessment and review of compliance 
 
Q20.  Where not covered in the policies and procedures requested below, please 
describe your authority’s internal arrangements for monitoring, assessing and 
reviewing its compliance with the requirements of FOISA, the EIRs and the 
associated codes of practice. 
 
Q21.  Please provide copies of any reports produced as part of your authority’s 
governance or scrutiny arrangements in relation to compliance with the requirements 
of FOISA, the EIRs and the associated codes of practice. 
 
Q22.  Please provide copies of any action or improvement plans produced by your 
authority in relation to compliance with the requirements of FOISA, the EIRs and the 
associated codes of practice. 
 
Q23.  Where not covered in the policies and procedures requested below, please 
describe your authority’s arrangements for securing appropriate training and 
maintaining awareness at all levels in relation to the requirements of FOISA, the 
EIRs and the associated codes of practice, with copies of any training and 
awareness materials produced. 
 

---

Q24.  Are there any particular aspects of your authority’s handling of requests for 
information under FOISA and/or the EIRs you would like to highlight as good practice 
which might be considered by other authorities? If so, please provide details. 
 
When returning your questionnaire please also provide copies of the following; 
 
•  Your authority’s policies and procedures for dealing with information requests 
under FOISA and the EIRs 
•  A copy of any guidance produced by your authority for the conduct of reviews 
•  A copy of any standard letters and attachments your authority uses when 
responding to information requests and requests for review under both FOISA 
and the EIRs, including refusal notices and fees notices.  In the absence of 
standard letters, please provide a representative sample of responses to 
information requests (including refusal and fees notices) and requests for 
review. 
 
Thank you for your assistance.  A response to this questionnaire would be 
appreciated by  15 August 2008. 

---

SL30c 
 
Assessment checklist 
  
Audit Checklist 
Information 
Evidence 
Complied? 
Actions 
examined? 
provided 
Y/N 
required? 
Y/N 
Y/N* 
Timescales for compliance 
  
  
  
  
Compliance with section 10(1) of FOISA 
  
  
  
  
Compliance with section 21(1) of FOISA 
  
  
  
  
Compliance with timescale in regulation 5 of    
  
  
  
the EIRs 
Compliance with timescale in regulation 7 of    
  
  
  
the EIRs (where appropriate) 
Compliance with timescale in regulation 13 
  
  
  
  
of the EIRs 
Compliance with timescale in regulation 16 
  
  
  
  
of the EIRs 
Content of refusal etc notices 
  
  
  
  
Compliance with section 16 of FOISA 
  
  
  
  
Compliance with section 17 of FOISA 
  
  
  
  
Compliance with section 18 of FOISA 
  
  
  
  
Compliance with section 19 of FOISA 
  
  
  
  
Compliance with regulation 13 of EIRs 
  
  
  
  
Responding to request for a review 
  
  
  
  
Has the authority used the opportunity of the 
  
  
  
  
review to properly re-consider the 
information that has been requested? 
Are the staff who are involved in the review 
  
  
  
  
process different from those who respond to 
requests? 
In response to a request for review did the 
  
  
  
  
authority advise the applicant of the outcome 
of the review in line with section 21 of 
FOISA? 
In response to a request for review did the 
  
  
  
  
authority advise the applicant of the outcome 
of the review in line with regulation 16 of the 
EIRs? 
Excessive cost of compliance and fees 
  
  
  
  
notices 
Where an authority has relied on section 12 
  
  
  
  
of FOISA regarding excessive cost of 
compliance has it complied with the fees 
regulations and section12? 
Where an authority has relied on section 13 
  
  
  
  
of FOISA has it complied with the relevant 
fees regulations?   

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Where an authority considers that the cost of 
  
  
  
  
providing the information would exceed 
£600, have they advised the requestor of 
what information is available for less than 
£600, and that they should narrow their 
request? 
Does any fees notice issued comply with 
  
  
  
  
section 9 of FOISA/regulation 8 of the EIRs? 
Means of providing information – equality    
  
  
  
issues 
Where any applicant had special needs or a 
  
  
  
  
disability, did it consider how best to provide 
the information or any response to the 
applicant? 
Has any assistance been provided to 
  
  
  
  
applicants unable to write? 
In providing the information or any response,    
  
  
  
did the authority provide the information in 
an accessible format? 
Transferring requests for information 
  
  
  
  
Where the authority has transferred any 
  
  
  
  
information request to another authority to 
deal with, did it check with the other 
authority to ensure that it held the relevant 
information prior to transferring the request? 
Where the authority has transferred a request 
  
  
  
  
for information, did it notify the applicant of 
this? 
Adequacy of policies, procedures and other 
  
  
  
  
documentation 
Adequacy of administrative arrangements 
  
  
  
  
(staffing etc) 
Adequacy of monitoring/assessment/review 
  
  
  
  
arrangements 
Adequacy of training/awareness 
  
  
  
  
arrangements 
Existence of disclosure log 
  
  
  
  
Provision of advice and assistance/seeking 
  
  
  
  
clarification 
Meeting applicants preferences re format etc 
  
  
  
  
(s11/reg 6) 
Reference to information otherwise 
  
  
  
  
accessible 
Carrying out of searches - all stages  
  
  
  
  
Consultation of third parties, where 
  
  
  
  
appropriate 
Does the authority demonstrate good 
  
  
  
  
practice? 

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Has the authority been co-operative in its 
  
  
  
  
dealings with the Commissioner? 
  
Adequacy of active dissemination of 
  
  
  
  
information (EIRs) 
Does the authority have a publication scheme    
  
  
  
in place? 
Has the authority’s organisational culture 
  
  
  
  
developed to take on board its 
responsibilities under FOISA and the EIRs? 
Information intended for future 
  
  
  
  
publication 
In circumstances where the authority has 
  
  
  
  
relied on section 27 of FOISA (information 
intended for future publication), has the 
authority published this information within 
12 weeks? 
Where there has been a delay in the 
  
  
  
  
publication of the information, did the 
authority notify the applicant of the delay? 
Comments on outcome of assessment and details of any actions to be taken. 
(*Any actions identified during the course of the assessment will be recorded here) 
  
  
  
  
  
  
  
  
  
  
  
  
 

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Our Ref: 
SL31 
Your Ref 
 
 
 
Dear 
 
Practice Recommendation under section 44 of the Freedom of Information 
(Scotland) Act 2002 
 
As a result of the recent investigation that two officers from my office carried out into 
(name of public authority) practices/ as a result of investigations that I have carried 
out following applications to my office concerning (name of public authority) handling 
of information requests/ as a result of complaints that I have received about (name of 
public authority) practices/ as a result of a joint investigation which two officers from 
my office carried out in conjunction with staff from the National Archives of Scotland 
in relation to (name of public authority) records management.  I am issuing (name of 
public authority) with a Practice Recommendation. 
 
The attached document sets out, where, in my opinion (name of public authority) has 
failed to comply with the Code(s) of Practice under section 60/61/62 of the Freedom 
of Information (Scotland) Act 2002. 
 
The Practice Recommendation also explains the actions that I consider that (name 
of public authority) should take in order to comply with the section 60/61/62 Code(s) 
of Practice. 
  
Although the attached Practice Recommendation is not directly enforceable by me, a 
failure by a public authority to comply with a Practice Recommendation may lead to 
a failure to comply with the Act, which in turn may result in the issuing of an 
Enforcement Notice. 
 
Yours sincerely 
 
 
Kevin Dunion 
Scottish Information Commissioner 
 
 
 
 

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