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Appealing against our decision

Appealing against our decision

If you are unhappy with a decision made by the Scottish Information Commissioner, you may be able to take the matter to the courts or complain to the Scottish Public Services Ombudsman (the SPSO).

What you can do next

There are two options to consider if you are unhappy with the Commissioner's decision. 

  • Going to the courts
  • Complaining to the Scottish Public Services Ombudsman
Going to the courts

You can appeal to the Court of Session against a decision made by the Commissioner, but only if you do not think he has applied the law correctly - not because you disagree with the Commissioner's view of the case.

A point of law could be, for example, if you think the Commissioner adopted the wrong definition of a legal term, or misinterpreted his powers.

If you appeal to the Commissioner and he doesn't reach a decision on your appeal after four months, or other reasonable period, you could ask the Court of Session for a judicial review.

If you are thinking about an appeal to the courts or a judicial review, you should get legal advice.

Complaining to the Scottish Public Services Ombudsman

If you are unhappy with the way in which a decision has been reached or you think the Commissioner or his staff have provided poor service, you may be able to complain to the SPSO. For more information, head to our complaints section. 

The SPSO will not consider:

  • A matter that you could take to the courts (see above)
  • In general, properly made decision that the Commissioner has a right to make, even if you disagree with it 

For more information, visit the Scottish Public Service Ombudsman website or call 0800 377 7330. Alternatively you can write to: Scottish Public Services Ombudsman Bridgeside House 99 McDonald Road Edinburgh EH7 4NS