Mr Iain Lawrie
By email: email@example.com
Our Ref: SIR137307/A1689367
23 July 2015
Dear Mr Lawrie Review of SNH Response to your Request for Information under the Freedom of
Information (Scotland) Act 2002 (‘FOISA’)
Thank you for your email dated 30 June asking us to carry out a review of our
response to your recent request for information regarding an investigation into the
alleged viewing of pornography at NESBReC.
Your Information Request and Review Request
You asked us to make available the report from our recent investigation into the
viewing of pornography at NESBReC. In our response we explained that have not
carried out any investigation into the alleged viewing of pornography at NESBReC
and so we do not hold any information relevant to your request.
In your request for review you noted that you believe this must be an error as you
were previously told by SNH that a full and thorough investigation would have to take
place. You asked us to review this response and also asked us to explain why you
have been given conflicting information.
Review of SNH Response to Your Request
I have investigated our internal handling of your request and I am satisfied that no
matter of relevance has been over looked. My review has covered the following
To assess whether SNH holds the information you requested.
In conducting this review, I requested further information searches to determine
whether SNH holds the report that you are seeking. Following the outcome of those
searches I am satisfied that SNH holds no such report and therefore we have no
information we can provide in response to your request.
Scottish Natural Heritage, Strathallan House, Castle Business Park, Stirling. FK9 4TZ
Tel: 01786 450362 Fax: 01786 451974
Dualchas Nàdair na h-Alba, Taigh Shrath Alain, Pàirc Gnothachais a’ Chaisteil, Sruighlea. FK9 4TZ
Fòn: 01786 450362 Facs: 01786 451974 www.snh.gov.uk/gaelic
I therefore find that our initial response to you was correct; we do not hold the
information you have asked for.
You stated that SNH has given you conflicting information in this case, and that you
understand that a "full and thorough investigation" did take place.
I have reviewed the correspondence with you on the handling of your complaint. We
first of all wrote to you and noted that:
“There are three separate elements to your complaint as we understand it:
The way in which we manage our grant-funded projects
Our response to the specific allegation, contained within your Freedom of
Information Request, of NESBReC staff misconduct, and
SNH’s attitude towards the mistreatment of women
Each of these elements requires a full and through investigation before we
In further correspondence we clarified with you that your complaint primarily related to:
misuse of public funds; and
lack of action by SNH in light of information received
Your complaint was subject to a full and thorough investigation and was handled in
accordance with our complaints procedures. We replied to your complaint on 2 June
setting out our findings on each of the issues noted above.
We advised you we consider that personnel matters, including those of any potential
misconduct, are the responsibility of the employing authority and we suggested you
pursue your concerns with Aberdeenshire Council and/or NESBReC.
We did not state that we would carry out an investigation into the alleged viewing of
pornography at NESBReC or that we would produce a report, and so we do not hold
any such information. Right of Appeal
If you are not satisfied with the outcome of this review you have the right to appeal to
the Scottish Information Commissioner about our decision within 6 months of
receiving this letter. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Telephone: 01334 464610 http://www.itspublicknowledge.info/
If you are not happy with the outcome of your appeal to the Information Commissioner
you have the right to appeal, on a point of law, to the Court of Session.
Director for Policy and Advice