FOI/202500475608 · FOI · clarification
Clarification on Scottish Government correspondence response times: FOI release
Information requested
I refer to your letter of 11 July 2025 in connection with my FOI request (your reference: 202500470931).
In that letter, you state: "Under the Freedom of Information (Scotland) Act 2002, we are normally required to respond within 20 working days. However, due to the volume and complexity of the information requested and unusually high demand of FOIs, we have been unable to provide a full response within this time frame."
As far as I can see, section 10(1) of the Freedom of Information (Scotland) Act 2002 imposes a duty on a Scottish public authority (including the Scottish Ministers) to respond promptly, and in any event by not later than the twentieth working day after the receipt by that authority of that request. In this case, you have not sought clarification in terms of section 1(3) of FOISA, the authority is not the Keeper of the Records of Scotland (for the purposes of section 10(2), and the authority has not served a fees notice in terms of section 10(3).
I would therefore be grateful if you could provide (under the Freedom of Information (Scotland) Act 2002) all information which indicates that the Scottish Ministers are only required "normally" to respond within 20 working days, whether specifically in relation to this case or in general.
I would also be grateful if you could provide copies of all internal guidance which applies to cases where the Ministers are unable to comply with their duties under section 10(1), together with any specific information about your failure to comply with section 10(1) in this particular case.
For the avoidance of doubt, the above request includes (but is not limited to) all information contained in handwritten notes, messages sent via Microsoft Teams and messages sent via Whatsapp or other messaging service.
Response
1. Under the Freedom of Information (Scotland) Act 2002) all information which indicates that the Scottish Ministers are only required "normally" to respond within 20 working days, whether specifically in relation to this case or in general.
Section 17(1) applies to the first part of your request as we do not hold this information. This is because there is no guidance to suggest any qualifications to our statutory obligation to respond promptly; and in any event, not later than the twentieth day after receipt.
2. Copies of all internal guidance which applies to cases where the Ministers are unable to comply with their duties under section 10(1), together with any specific information about your failure to comply with section 10(1) in this particular case.
The following extract from the FOI guidance pages of the Scottish Government’s internal intranet site refers to handling exceptional cases where it is not possible to respond within 20 working days.
“In very exceptional cases where it is not possible to respond within 20 working days, you must send a holding response to the applicant telling them when you will be able to send a formal response and apologising for the delay. However, a holding response is not an acceptable alternative to meeting the statutory deadline, and should only be used as a last resort. (Note, the applicant will still have the right to complain by requesting a review of the failure to respond within 20 working days.)”
In addition, the following the extract from the FOI guidance pages of the Scottish Government’s internal intranet site is relevant.
“Response times
All requests for information should be treated equally and responses provided as soon as possible, and within the upper limit of 20 working days. Complex and voluminous environmental requests can be extended to a maximum of 40 working days at the discretion of the FOI unit.
If a requester is unhappy with our response, or doesn't receive a response within 20 working days, they can ask for a review within 40 working days of receiving the response or within 40 working days of the date the original response was due.”
The use of the word "normally" should not have been used in the response you received and I apologise for this mistake.
We do not hold any specific information about our failure to comply with section 10(1) in this particular case.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
However, due to the volume and complexity of the information requested and unusually high demand of FOIs, we have been unable to provide a full response within this time frame." As far as I can see, section 10(1) of the Freedom of Information (Scotland) Act 2002 imposes a duty on a Scottish public authority (including the Scottish Ministers) to respond promptly, and in any event by not later than the twentieth working day after the receipt by that authority of that request. In this case, you have not sought clarification in terms of section 1(3) of FOISA, the authority is not the Keeper of the Records of Scotland (for the purposes of section 10(2), and the authority has not served a fees notice in terms of section 10(3). I would also be grateful if you could provide copies of all internal guidance which applies to cases where the Ministers are unable to comply with their duties under section 10(1), together with any specific information about your failure to comply with section 10(1) in this particular case. Section 17(1) applies to the first part of your request as we do not hold this information. Copies of all internal guidance which applies to cases where the Ministers are unable to comply with their duties under section 10(1), together with any specific information about your failure to comply with section 10(1) in this particular case.
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