FREEDOM OF INFORMATION (SCOTLAND)
ACT 2002 Requirement for Review Introduction
1. We have procedures in place to allow an individual1 who is dissatisfied in any way with a
decision taken by us on the provision of information under the Freedom of Information
(Scotland) Act 2002 to require us to review decisions taken.
2. This note sets out the procedures we follow where someone is dissatisfied.
3. Under the Freedom of Information (Scotland) Act 2002, this procedure is known as a
“Requirement for Review”. Under the Environment Information (Scotland) Regulations
2004 this is known as a “Representation”2. A requirement for review/representation can
arise in circumstances where the applicant believes we have not complied with our
obligations under the legislation, including (but not limited to):-
(a) where we indicate that we do not hold information, but the individual believes we do; or
(b) where the individual feels that we have not provided the advice and assistance we
should have done; or
(c) where we have refused to provide information; or
(d) where we have failed to reply to a request for information; or
(e) where we have failed to respond to a request for information within the prescribed
timescale; or
(f) where the individual feels the charge for providing information is higher than it should
be.
4. If the applicant is dissatisfied in anyway he/she can require us to review the way the
request was handled or the decision reached.
5. Whenever we reply to a request for information a copy of this Requirement for Review
Procedure must accompany the response. The response must also explain to the
applicant their right to seek a review of any decision taken and the subsequent right of
appeal to the Scottish Information Commissioner and the Courts (see paragraphs 14 to 16
below).
1 Reference to an individual is to any person or organisation that makes a request for information.
2
For our procedure under the Environmental Information (Scotland) Regulations 2004 see our separate guidance.
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© NHS Greater Glasgow & Clyde 2018
Version 1.10 31 March 2018
Timescale
6. A requirement for review should be submitted in writing (or other permanent form) within
40 working days of either:-
the day the individual actually received a response from us; or
the end of the period within which we should have replied to a request.
7. We have the discretion to consider requests for review received beyond this timescale.
It would normally be our intention to accept requirements for review outwith the 40 working
days, unless there are practical difficulties in doing so, for example if relevant
documentation was due for destruction and has been destroyed. It is always in the
applicant’s interests to submit a review request within the 40 working day period specified.
Submission of Requirement for Review
8. Where a response is made to a request for information, the response must advise that
any request for review is submitted to:-
Head of Administration
NHS Greater Glasgow & Clyde Board Headquarters,
JB Russell House, Gartnavel Royal Hospital,
1055 Great Western Road,
Glasgow
G12 0XH
Telephone
0141 201 4608
E-mail
16. The applicant should also be advised of their right to make an appeal against any decision
by the Scottish Information Commissioner 3 on a point of law to the Court of Session.
Assistance to Applicants
17. Under the spirit of the Freedom of Information (Scotland) Act 2002, the recipient of a
request for review should provide assistance, if required, to any applicant who seeks it.
He should also ensure that the needs of persons with a disability within the terms of the
Equality Act 2010 are not unfairly disadvantaged as a consequence of the procedure
described above and shall make appropriate adjustments to the procedure where
appropriate under the terms of that Act.
Review of Requirements for Review and Decisions of the Scottish
Information Commissioner
18. Our internal procedures will enable decisions on requirements for review and decisions by
the Scottish Information Commissioner to be reviewed to ensure that processes follow best
practice in dealing with requests for information under the legislation.
3 Under Section 56 of the Act.
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© NHS Greater Glasgow & Clyde 2018
Version 1.10 31 March 2018