Report Summary
Issued 5 April, this FOI response to a request for review partially upholds the original decision of the Authority. Advice is again provided that the Scottish Government are responsible for reporting progress on the implementation of all recommendations set out in the review.
Response
On 19 March you requested that the Authority review their decision. The decision has been reviewed and I can confirm that the original decision is partially upheld for the following reason:
The Authority should have been clearer that it is not the correct authority to provide the current position in response to your request by providing notice under Section 17 of Freedom of Information (Scotland) Act 2002 – information not held. The Authority is not responsible for reporting progress on the implementation of all the recommendations within the review, or for determining how the legislative proposals made are implemented. This is the responsibility of the Scottish Government, and under our duty to assist, we advised of this in our original response and provided a link to the Scottish Government’s Thematic Progress Report published in December 2022. This advice also noted that the report included an update on the Scottish Government’s public consultation on legislative proposals in relation to those recommendations which require legislative change.
In relation to those recommendations where an implementation role for the Authority and / or Police Scotland was identified, the Authority confirmed regular reporting to the Authority’s Complaints and Conduct Committee takes place and is publicly available on the Authority’s website.
To further assist, in relation to the information requested, we would direct you to the Scottish Government’s thematic progress report, in which the overview stated:
“This fourth report now confirms that a further 11 recommendations have been signed off as completed by the Ministerial Group, bringing the total number of recommendations discharged to 55” (of 81)
The overview goes on to state:
“Earlier this year, the Scottish Government launched a full public consultation seeking views which will help to inform development of the Police Complaints and Misconduct Handling Bill as set out in the Programme for Government on 6 September 2022. An independent analysis of the responses was published on the Scottish Government website on 30 November 2022 and will help to inform how the changes that Dame Elish recommended can be implemented as preparations for legislation continue.”
We would draw your attention to the last sentence indicating that preparations for legislation continue.
If seeking the current position in relation to the number of recommendations discharged, or further clarity in relation to proposed legislative change, information may be available by contacting Scottish Government. Information on how to make a request to Scottish Government is available at –
