Freedom of Information review procedure

What if I am unhappy with my reply from sportscotland?

When you request information, sportscotland or the sportscotland Trust Company must provide it within 20 working days, or send a notice stating clearly why sportscotland or the sportscotland Trust Company will not provide it.

If you are unhappy with the response you have received from sportscotland or the sportscotland Trust Company, you are entitled to request a review of the decision.

You can ask sportscotland or the sportscotland Trust Company to review its decision if you are unhappy with the way it has dealt with your request, for example, by: refusing to give you the information; failing to reply within the time limit allowed; claiming the information is exempt; failing to give you advice about, or help with, making your request; asking you to pay a fee that you feel is unreasonable; or by not responding at all to your request.

Who Can Request a Review?

Only the person who made the original enquiry can request a Review.

Who should I Contact to Request a Review?

Your request for a Review should be addressed to:

Head of Finance,
sportscotland, Doges,
Templeton on the Green,
Templeton Street,
Glasgow,
G40 1DA.
Email: FOIReview@sportscotland.org.uk

How Do I Request a Review?

Your request for a Review must be made in writing, or any other form that can be kept for future use, for example email, or a recording on audio/video tape.

You must request a review no later than 40 working days after the date sportscotland or the sportscotland Trust Company sent its original response, or the date a refusal notice or fees notice was issued, or the end of the response period (if no reply was received). If you are late asking for a review, sportscotland or the sportscotland Trust Company may still accept your request, but does not have to do so.

You must give your name, a contact address, details of your original request, and the reason(s) why you want a review of the decision.

When Will I Receive a Response?

You will receive an acknowledgement of your request for a Review within five working days (excluding public holidays) of your request being received by sportscotland’s Head of Finance.

sportscotland or the sportscotland Trust Company will then issue its written response within 20 working days of your request.

What Will Happen After I Submit My Request for a Review?

sportscotland’s Head of Finance will liaise with sportscotland’s Legal Officer to discuss the Review.

A Review Panel will be set up consisting of not less than three sportscotland staff plus the Legal Officer. The staff in the Review Panel will have had no involvement in the original decision making process. The Legal Officer will only be part of the panel to explain the reasoning behind the original decision and act in an advisory capacity to the Review Panel.

The Review Panel will meet to review your case and make an independent recommendation, considering the full terms and nature of the original request, sportscotland or the sportscotland Trust Company’s reasons for making its decision, and your reason(s) for requesting a review.

The Review Panel will consider all the relevant factors including the nature of the request, the procedures carried out in reaching the original decision, the application of any exemptions, or the calculations relating to the issuing of a fees notice.

The Panel will then assess the original decision made by sportscotland or the sportscotland Trust Company, and will pass its recommendation(s) to sportscotland’s Chief Executive for final approval/reconsideration. The Chief Executive shall retain the right to overturn any recommendation made by the Review Panel, and/or request further consideration of the case before a final decision is reached.

What kind of reply can I expect?

Depending on the nature of your request, you should receive one of the following replies:

  • All the information you asked for.
  • Some of the information you asked for, with an explanation as to why sportscotland or the sportscotland Trust Company has not provided the rest of the information.
  • A notice confirming that sportscotland or the sportscotland Trust Company has not changed its original decision and explaining why.
  • A decision about the level of fee to be charged.
  • A decision on your request (if sportscotland or the sportscotland Trust Company did not reply to your original request).
  • A notice stating that sportscotland or the sportscotland Trust Company does not have to review its original decision because it considers your request was “vexatious” or very similar to a request you have made before.

What if I am unhappy with the Review of my Request?

If you still remain dissatisfied after receiving sportscotland or the sportscotland Trust Company’s response, you can submit an Appeal in writing (or other permanent form, for example, email or audio/video tape) to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Your request for an appeal should be submitted within six months of receiving the outcome of sportscotland or the sportscotland Trust Company’s review. The Commissioner will investigate your complaint, and may decide to carry out an independent investigation of your case. He will let you know the outcome of your appeal within four months of receiving your request.

If you are unhappy with the Scottish Information Commissioner's decision on your appeal, you have a right of appeal to the Court of Session (but only on a point of law).

Further Information

If you require advice and assistance to help you frame your request for a request or are unsure about any aspect of Freedom of Information, please contact us at the above address and we will be happy to help.

Further information about the appeals process is available on the Scottish Information Commissioner’s web site.

Date published: 04 October 2016
Date updated: 05 September 2017

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