⚠️ FOI: Access Officers undertaking planning enforcement duties & RIPSA training.
Request to the Highland Council.
Sent: 14 December 2025
Due: 16 January 2026
Review Sent: 20 January 2026
Review Due: 17 February 2026
SICO App Sent: 19 February 2026
SICO Ref: 202600315
SICO App Validated: 7 April 2026
SICO Decision Ref: 077/2026
SICO Decision Date: 23 April 2026
SICO Response Deadline: 8 June 2026
Case ref: FS-Case-773535625
23 April 2026
Decision Notice 077/2026
Access Officers and planning enforcement – failure to respond
Applicant: [redacted]
Authority: Highland Council
Case Ref: 202600315
Summary
The Applicant asked the Authority for information relating to Access Officers undertaking duties in relation to planning enforcement. This decision finds that the Authority failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs). The decision also finds that the Authority failed to comply with the Applicant’s requirement for review within the timescale set down by FOISA and the EIRs.
Background
1. The Applicant made an information request to the Authority on 14 December 2025.
2. On the same day, the Authority acknowledged receipt of the Applicant’s information request. However, it did not respond to the information request.
3. On 20 January 2026, the Applicant wrote to the Authority requiring a review in respect of its failure to respond.
4. The Authority issued an acknowledgement on 13 February 2026, but it did not respond to the requirement for review.
5. On 19 February 2026, the Applicant wrote to the Commissioner, stating that she was dissatisfied with the Authority’s failure to respond and applying to the Commissioner for a decision in terms of section 47(1) of FOISA. The enforcement provisions of FOISA apply to the enforcement of the EIRs, subject to specified modifications – see regulation 17.
6. The Commissioner determined that the application complied with section 47(2) of FOISA and that he had the power to carry out an investigation.
Investigation
7. Section 49(3)(a) of FOISA requires the Commissioner to notify public authorities of an application and to give them an opportunity to comment. The Commissioner did this on 7 April 2026.
8. The Authority did not provide the Commissioner with any submissions.
9. It is apparent from the terms of the request that at least some of the information caught by it will be environmental information as defined by regulation 2(1) of the EIRs. In Decision 218/2007 Transport Scotland.1, the Commissioner confirmed at paragraph 51 that where environmental information is concerned, there are two separate statutory frameworks for access to that information and, in terms of the legislation, an authority is required to consider the request under both FOISA and EIRs.
10. Section 10(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the request to comply with a request for information. This is subject to qualifications which are not relevant in this case. The same timescale is laid down by regulation 5(2)(a) of the EIRs.
11. It is a matter of fact that the Authority did not provide a response to the Applicant’s request for information within 20 working days, so the Commissioner finds that it failed to comply with section 10(1) of FOISA and regulation 5(2)(a) of the EIRs.
12. Section 21(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the requirement to comply with a requirement for review. Again, this is subject to qualifications which are not relevant in this case. The same timescale is laid down by regulation 16(4) of the EIRs.
13. It is a matter of fact that the Authority did not provide a response to the Applicant’s requirement for review within 20 working days, so the Commissioner finds that it failed to comply with section 21(1) of FOISA and regulation 16(4) of the EIRs.
14. The remainder of section 21 and regulation 16 set out the requirements to be followed by a Scottish public authority in carrying out a review. As no review has been carried out in this case, the Commissioner finds that the Authority failed to discharge these requirements: he now requires a review to be carried out in accordance with section 21/regulation 16.
15. The Commissioner recommends that the Authority considers whether it would be appropriate to apologise to the Applicant for its failure to comply.
Decision
The Commissioner finds that the Authority failed to comply with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA) and with the Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with the information request made by the Applicant. In particular, the Authority failed to respond to the Applicant’s request for information and requirement for review within the timescales laid down by sections 10(1) and 21(1) of FOISA and regulations 5(2) and 16(4) of the EIRs. The Commissioner requires the Authority to issue a response, by 8 June 2026.
Appeal
Should either the Applicant or the Authority wish to appeal against this decision, they have the right to appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of intimation of this decision.
Enforcement
If the Authority fails to comply with this decision, the Commissioner has the right to certify to the Court of Session that the Authority has failed to comply. The Court has the right to inquire into the matter and may deal with the Authority as if it had committed a contempt of court.
Jennifer Ross
Deputy Head of Enforcement
Our Ref 202600315
Your Ref FS-Case-773535625
7 April 2026
Application for Decision by the Scottish Information Commissioner
Public Authority: Highland Council
I refer to your email of 19 February 2026, in which you applied for a decision from the Scottish Information Commissioner. Your application was about the failure of Highland Council to respond to your information request dated 14 December 2025, and your subsequent request for review of 20 January 2026.
I am satisfied that your application is valid in terms of the Environmental Information (Scotland) Regulations 2004 (the EIRs).
I will now carry out an investigation into the way in which Highland Council dealt with your information request. I will be your point of contact during the investigation.
My investigation will be limited to Highland Council’s compliance with the timescales in the EIRs. At this stage, the Commissioner cannot investigate whether or not you should have received any of the information you asked for.
What happens next?
I will send Highland Council a copy of your application, and ask it to explain why it failed to reply to your information request and request for review. It will be told that the Commissioner is investigating your application, and will be given an opportunity to comment. I will keep you informed of any developments.
Once I have enough information to allow me to conclude whether Highland Council failed to comply with the EIRs, I will consider what steps need to be taken.
If the authority issues a response
It is possible that Highland Council will respond to your request once I let it know that you have made an application to the Commissioner. If this happens, let me know:
if you still require a decision from the Commissioner or
if you are happy to withdraw the application. (Highland Council’s failure to respond to you on time will be recorded in our case handling system and may be taken into account for the purposes of future action under the Commissioner’s Enforcement Policy.)
If you become aware of any other matter which might affect the investigation, please let me know as soon as possible.
The decision
Once a decision has been reached, a copy of the decision will be sent to you and to Highland Council.
At the end of the investigation, we will publish the decision on our website. The published version will not name you or include other information which we think could lead to you being identified.
Information requests to the Commissioner
The Commissioner is a Scottish public authority for the purposes of FOISA and the EIRs and must respond to requests for any information he holds. This means it is possible (although very unlikely), that he will receive a request asking him to disclose your name or to disclose information about your case.
We can’t guarantee that your identity will automatically be withheld in response to an information request, but we will usually contact you to let you know and to give you a chance to comment.
More information about what we do with the personal information you give us can be found in our Privacy notice. If you would like me to send you a paper copy of the privacy notice, let me know.
Checking the status of your case
You can check the status of your case at any time by searching for your case reference on our website at https://www.foi.scot/current-investigations . The list of applications tells you what stage your case is at, from receipt and validation, through to allocation, investigation and decision approval and is updated daily. The list doesn’t include your name or any other information which would identify you.
Contact details
Please let me know if your contact details change at any point during the investigation.
If you have any queries about anything raised in this letter, please contact me.
Yours sincerely
Nick Murton
Freedom of Information Officer - Enforcement
________________________________________
Scottish Information Commissioner
Kinburn Castle, Doubledykes Road
St Andrews, KY16 9DS
20 January 2026
Dear Sir or Madam,
The following FOI requests are now overdue. If you could review these requests and provide a response at your earliest opportunity, I shall be grateful.
1. FS-Case-773522018
Communications between the Council, the ICO & WhatDoTheyKnow in relation to data breach. Due date: 16 January 2026.
2. FS-Case-773535625
Access Officers undertaking planning enforcement duties & RIPSA training. Due date: 16 January 2026
Thank you for your time & attention.
Kind regards.
14 December 2025
Please provide the following information:
1. All internal reports, memos, policies and internal communications relating to Access Officers undertaking duties in planning enforcement.
2. All details of training undertaken by Access Officers in planning enforcement.
3. All details of policies, reports, memos, policies, internal communications relating to the Council’s Scheme of Delegation in relation to Access Officers undertaking planning duties which are specifically delegated powers of planning & planning enforcement officers only.
4. All details of any RIPSA training undertaken by any staff on the planning or planning enforcement team or by any access officers.
5. If RIPSA training has been undertaken by any planning or access officers, please state roles of those officers & details of training undertaken.
Thank you for your time & attention.
Kind regards.