How to make a Freedom of Information request in Scotland
Scottish public authorities, including the Scottish Government and Scottish councils, answer requests under the Freedom of Information (Scotland) Act 2002, not the UK Act. The steps are similar but the appeal goes to the Scottish Information Commissioner.
How long the authority has
A Scottish public authority must comply promptly, and in any event by not later than the twentieth working day after it receives the request (or after it receives any further information it asked for to identify what you want). 1
The Keeper of the Records of Scotland has 30 working days for certain historical records. 1
If you are unhappy: ask for a review first
Before the Commissioner can look at your case you must go through the authority's own review procedure. You can then appeal if you are unhappy with the review, if the authority refuses to review because it calls the request vexatious or repeated, or if it does not answer your request for review. 2
Appeal to the Scottish Information Commissioner within six months
The Act says an application to the Commissioner must be made within six months of receiving the review notice, or, if no review notice came, within six months of the end of the time the authority had to carry out the review. The Commissioner can accept a late application if it considers that appropriate. 3
The application must be in writing or another permanent form, give your name and an address for correspondence, and say which request it is about, why you asked for a review and why you are still unhappy. 3
The Commissioner's office says it is currently taking up to nine months to allocate cases for investigation, because of an unprecedented number of appeals since the start of 2025/26. 2
Sources
- legislation.gov.uk/cy/asp/2002/13/section/10/data.htm, read 4 November 2026 · saved copy
- foi.scot/Appeal, read 4 November 2026 · saved copy
- legislation.gov.uk/en/asp/2002/13/section/47, read 4 November 2026 · saved copy
More ways to hold power to account
- How to make a Freedom of Information request
- How to ask for environmental information (EIR)
- How to get the information an organisation holds about you
- If a public body refuses or ignores your request
- How to check what people in power have declared
- How to see your council's papers and accounts
- Records you have a right to because of your role
- How to escalate a complaint about government
- How to challenge a public body's decision in court
- Who to blow the whistle to
- Public registers of power and money
This guide explains the rules; it is not legal advice. Report an error.