What to do if you are not satisfied with Scottish Water's handling of a request for information under the Freedom of Information (Scotland) Act or the Environmental Information (Scotland) Regulations

An applicant who is dissatisfied with the way that Scottish Water has dealt with a request for information is entitled to ask Scottish Water to review its decision.

A request for a review must be made no later than 40 working days following:

Scottish Water may, at its discretion, comply with a request for review received after this period has elapsed if it considers it appropriate to do so.

Freedom of Information Unit

Scottish Water

PO Box 8855

Edinburgh

EH10 6YQ

e-mail: [email address]

Please include details of your original request and any reference contained in Scottish Water's correspondence to you.

Scottish Water has put in place procedures for handling reviews by senior staff who, wherever possible, have not taken part in the initial decision. They will consider the original request afresh. The result will be given to you within 20 working days of receipt of the request for the review.

Scottish Water does not have to comply with a request for a review if it has decided that it did not have to answer the request because it was vexatious or the repeat of a request that it had already dealt with.

If, as a result of a review, Scottish Water decides that information previously withheld should be disclosed the information will be provided to you within the 20 working day period permitted for the review.

If you are still not satisfied that Scottish Water has dealt with your request for information properly you can then (and only then) appeal to the Scottish Information Commissioner for a decision as to whether Scottish Water has complied with the legal requirements. You must first have used Scottish Water's review procedure and either be dissatisfied with the response or have had no response.

His address is:

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

e-mail: [email address]

You have 6 months from the date you receive, or should have received, Scottish Water's decision following your request for a review in which to make an application to the Commissioner. He can deal with complaints lodged outside that period if he chooses to do so. You can withdraw the complaint at any time.

You should describe:

If the Commissioner decides to investigate, he has powers to require Scottish Water to provide information to him to allow him to come to a decision. If he then decides that the appeal is valid he will try to achieve a settlement between the applicant and Scottish Water. If this is not possible the Commissioner can issue a Decision Notice. He generally has four months from the time he received the complaint to do this.

The Commissioner may decide that Scottish Water did not have to provide the information requested or that it should have done so or should have handled the application differently. If he decides that the complaint was justified the decision notice will say how the authority has failed in its obligations under the Act, what it must do to set that right, the length of time allowed it to do so, and Scottish Water's rights to appeal to the Court of Session against the ruling on a point of law. If the notice finds in favour of Scottish Water the applicant has a right of appeal to the Court of Session, on a point of law.

The Commissioner also has a general power to serve an Enforcement Notice if he is satisfied that Scottish Water has not complied with the Act.

If Scottish Water fails to comply with a notice the Commissioner can bring Scottish Water before the Court of Session. The Court has the power to hold an inquiry and hear witnesses and if Scottish Water fails to comply with its decision it may deal with it as contempt of court.

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