A decision notice published by the Scottish Information Commissioner yesterday (7 March 2013) highlights why it is important that all staff within public authorities have at least a basic working knowledge of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.
Decision 032/2013 concerned an information request made to NHS Fife. The applicant made an information request to NHS Fife on 2 August 2012 to which NHS Fife responded on 5 October 2012. This represents a significant delay on the 20 working days permitted by section 10(1) of the Freedom of Information (Scotland) Act 2002. The decision notice does not give any reason as to why it took NHS Fife so long to respond to the information request.
On 18 October 2012 the applicant wrote to NHS Fife requesting a review of their decision. The request for review was sent directly to a particular member of staff with whom the applicant had been having protracted correspondence. Unfortunately for NHS Fife that member of staff did not “recognise the significance” of the request for review under the Freedom of Information (Scotland) Act 2002 and consequentially did not take the action required to ensure that NHS Fife was able to respond within the timeframe permitted by section 21(1) of the Act (which is 20 working days).
NHS Fife’s explanation that the member of staff who received the request did not recognise the significance of a request for review under FOISA would suggest that something has went wrong procedurally and most probably around staff training. All staff within a public authority should be able to spot information requests and requests for review. Having identified an information request of request for review all staff should know what to do with such correspondence. When staff are not able to perform these tasks it can lead to problems such as in this case where a requirement for review went unanswered beyond the statutory deadline. As a consequence an application was made to the Commissioner and a decision notice has been issued.
This decision notice should serve as a reminder as to how important that all staff (whether they routinely deal with information requests or not) should have at least a basic knowledge of information access rights to ensure that public authorities comply with their obligations under the various access regimes.
prout de jure 