FREEDOM OF INFORMATION
(SCOTLAND) ACT 2002
Requirement for Review
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
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
2 For our procedure under the Environmental Information (Scotland) Regulations 2004
see our separate guidance.
Version 1.8 7th March 2011
© NHS Greater Glasgow & Clyde 2011
6. A requirement for review should be submitted in writing (or other permanent
form) within 40 working days of either:-
¾ the day the individual actually received a response from us; or
¾ 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
e.g. 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 Board Administration
NHS Greater Glasgow & Clyde
JB Russell House,
Gartnavel Royal Hospital,
1055 Great Western Road,
Glasgow G12 0XH
0141 201 4608
Should the person making the request submit their requirement for review
to another person within our organisation, the recipient must pass it
immediately to the Head of Board Administration.
The person seeking a request for review must state their name and an
address for correspondence. A statement explaining why the individual
feels aggrieved at the decision taken (or the lack of response) by the
organisation should accompany any request for review. It is always helpful
if the person seeking a review makes their dissatisfaction explicit in what
they say to us and clearly sets out the grounds for requesting a review.
Where the applicant is seeking further information relating to his/her original
request this will normally be treated as a new request.
The review procedure is designed to be accessible, prompt, fair and
impartial. It may result in a decision being made where no decision was
made previously, confirmation of the original decision, or the making of a
different decision to that originally taken being made. The decision will be
binding on the organisation.
Requests for review have to be processed swiftly within a maximum
timescale of 20 working days. During this timeframe we will review our
previous decision and provide any further information required if the review
outcome requires this.
(a) On receipt of a request.
Send acknowledgement within two 2
working days of receipt.
(b) Identify person who was Download relevant information 2
about request and response
(including search log) from Datix.
(c) Notify person who was handling Receive comments from request 2-3
request that a review request has handler.
been received and provide a copy
of statement in support from
applicant and seek comments on
rationale for decision.
(d) Selection of Review Person.
Head of Board Administration to 4
contact Non-Executive Director
and invite him/her to undertake
review with support from
nominated FOI Specialist who was
not involved in the original
(e) Supply all available information Head of Administration to check all 5
to Reviewer and FOI Specialist.
information is to hand then issue.
(f) Undertake Review
consultation with FOI Specialist
who was not involved in the
original decision, calling for further
information if required.
(g) Write up of decision and sign Provide final report to Head of 15
off by Non-Executive Member.
(h) Notification of decision
Head of Administration to notify 20
outcome of the review and right of
(i) If appropriate, provide any Head of Administration with 20
original handler to provide any
recommended by review process
appropriate additional information.
If at stage (h) above it is concluded that the applicant has been unfairly
treated, an apology should be offered on behalf of the organisation.
RIGHT OF FURTHER APPEAL
The applicant is to be advised of his/her right to raise the matter further with
the Scottish Information Commissioner if he/she remains dissatisfied with
the decision of the organisation. The right of appeal is to be exercised in
writing (or some other permanent form) by the applicant who must provide
an address for correspondence, specify the request for information to which
the requirement for review relates and the reason for dissatisfaction. An
appeal to the Commissioner must be made within a period of 6 months from
the date of any notice on the review request made to us or within 6 months
from when a decision should have been notified by us.
In advising of this right, the applicant should be given details of the contact
address and e-mail address of the Commissioner at:-
Kevin Dunion OBE
Scottish Information Commissioner
Fife KY16 9DS
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
Assistance to Applicants
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 Disability Discrimination Act
1995 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
Our internal procedures will provide for decisions on requirements for
review and decisions by the Scottish Information Commissioner are
reviewed to ensure that processes follow best practice in dealing with
requests for information under the legislation.
Under Section 56 of the Act.