Highland Council's failure to comply with FOI requests could lead to court action.
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The Highland Council is currently under the spotlight as it grapples with a significant legal challenge stemming from its handling of Freedom of Information (FOI) requests made by Macdonald Hotels and Resorts. The Scottish Information Commissioner has determined that the council did not adequately comply with FOI legislation, prompting potential legal repercussions that could escalate to Scotland’s supreme civil court.
Background of the dispute
Macdonald Hotels, a prominent hotel group, initiated an FOI request to the Highland Council in May 2024, seeking details on the council’s expenditures on meetings, events, and venues over the past five years. The request was fueled by claims from the company’s founder, Donald Macdonald, who alleged that the council had effectively boycotted his business, resulting in no contracts or engagements with the hotel group.
Upon receiving a response in July, Macdonald Hotels discovered that the council had spent approximately £476,000 on hotel accommodations during the specified period, with only a minimal portion allocated to venues operated by the Macdonald Group. This revelation prompted the hotel group to request a review of the council’s response, asserting that critical details were omitted. However, the council’s failure to respond within the mandated 20 working days led Macdonald Hotels to escalate the matter to the Scottish Information Commissioner.
Consequences of non-compliance
The Scottish Information Commissioner, Cal Richardson, has made it clear that the Highland Council must provide a satisfactory response by January 6. Should the council fail to comply, the commissioner has the authority to refer the case to the Court of Session, which could treat the council’s inaction as contempt of court. This situation underscores the serious implications of non-compliance with FOI legislation, as public authorities are obligated to maintain transparency and accountability in their dealings.
In his ruling, Richardson also suggested that the council consider issuing an apology to Macdonald Hotels for its handling of the FOI request. The council has acknowledged its shortcomings, citing staffing shortages and organizational changes as contributing factors to the delays in responding to information requests.
Broader implications and ongoing disputes
This legal battle is not the only issue facing the Highland Council. Donald Macdonald has also initiated legal action against the council regarding a flood relief scheme that he claims has caused significant damage to his property in Inverness. He alleges that the scheme, which began in 2009, is defective and has resulted in the accumulation of stones and gravel in an area that was once a pond, costing him nearly £150,000 in damages.
Moreover, Macdonald has lodged complaints with Police Scotland and the Information Commissioner’s Office, alleging that the council has failed to respond to a Data Subject Access Request, which allows individuals to access personal data held by organizations. A spokesperson for Macdonald Hotels expressed frustration with the council’s lack of compliance, stating that it reflects a broader pattern of behavior that raises concerns about transparency and accountability.
Conclusion
The ongoing disputes between Highland Council and Macdonald Hotels highlight the critical importance of compliance with FOI legislation and the potential legal consequences of failing to uphold transparency standards. As the situation develops, it remains to be seen how the council will address these challenges and whether it will take steps to improve its handling of information requests in the future.
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