FOI Review - Review of 101003200099 Care Homes Owned or Operated By the Council

Request 101003212639

Review of 101003200099 Care Homes Owned or Operated By the Council

We requested information from the Council under the terms of the Act by way of e-mail and letter both dated 12 December 2022, copy of which is enclosed herewith (“information request”).
The deadline by which the Council was obliged to respond to the information request, in accordance with section 10 of the Act, was 9 January 2023. However, the Council failed to respond to our letter
within this statutory timeframe. On behalf of, and as instructed by our Client, we hereby make a request that the Council review its failure to respond to our information request in accordance with the procedures set out under section
20 of the Act.

Response 06-02-2023

Following your request for a review (our ref: 101003212639), a review meeting of Freedom of Information (Scotland) Request (FOI request) 101003200099: Care Homes Owned or Operated By the Council, was held on 27th January 2023. In attendance were Solicitor Licensing and Regulatory, Information Governance Manager & DPO, and, Information Co-ordinator.

The Council’s response to your original FOI request received 12/12/2022 was discussed.

In your letter from 10/01/2023 you state that you believed the deadline by which the Council was obliged to respond to the information request, in accordance with section 10 of the Freedom of Information (Scotland) Act, was 9th January 2023, and that the Council failed to respond to your letter within this statutory timeframe.

We sent out our response on 13/01/2023. This was within the statutory timeframe of 20 working days, as, per section 73 of Freedom of Information (Scotland) Act 2002; a “working day” means any day other than a Saturday, a Sunday, Christmas Day or a day which, under the Banking and Financial Dealings Act 1971 (c.80), is a bank holiday in Scotland. During the time span between receiving your request and our response there were four bank holidays (Boxing Day, Christmas Day (substitute day), New Year’s Day (substitute day) and 2nd January (substitute day). As such, we calculate providing our response on 13/01/2023 as within the 20 working days timescale.

If you are still dissatisfied with the outcome of this review, then you may appeal by writing to the Scottish Information Commissioner via their online appeal service at www.itspublicknowledge.info/Appeal or to Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS.