College told to respond

Perth College UHI appears to have backed down in a dispute over access to information about its courses and qualifications.

It comes after the establishment claimed an individual had set out to annoy staff with requests to see documents relating to specific programmes and an audit of the approval of a particular diploma.

The unknown individual filed Freedom of Information requests for the documents on April 17 and July 5 last year but the college refused to respond on the basis the requests were“vexatious”.

The applicant wrote back a short while later to argue this was not the case and ask staff to review their decision to withhold the information but the college again claimed this was“vexatious”and refused to revisit the requests.

The dissatisfied individual then wrote to the Scottish Information Commissioner to contest the college’s claims. The commissioner has since found the individual’s applications were valid and advised the college to review its responses.

The commissioner said in a decision report:“The applications were ... valid. On 17 July and 24 September 2019, the college was notified in writing that the applicant had made valid applications.

“The college was invited to comment on the applications and to answer specific questions focusing on the requirements of section 14(1) of FOISA (the Freedom of Information (Scotland) Act).

“On 19 August 2020, following the commissioner’s decision in a related application, the college withdrew its reliance on section 14(1) of FOISA and stated that it would carry out a review of both of the applicant’s requests and provide a review outcome.

“No further submissions or evidence of revised responses have been received from the college.

“In view of the college’s change of position, and in the absence of submissions to the contrary, the commissioner has no option but to find that the requests were not vexatious and that the college was not entitled to refuse to carry out the reviews under section 21(8) of FOISA.

“He therefore requires the college to carry out reviews in respect of these requests and to respond to the applicant otherwise than in terms of section 14(1) of FOISA.”