Decisions on unacceptable actions: FOI release

Information requested

1. Has the Scottish Government procedure on making someone subject to an unacceptable actions decision been considered by independent counsel in order to ensure that there can be no reasonable perception that there might be bias, or that the process is incompatible with Article 6 and Article 10 of the Human Rights Act.

2. If not, can information be provided to explain why not.

3. Can information be provided as to why a person who is to be the subject of any unacceptable actions decision, which is a secret process as far as I can see, is denied the opportunity of a fair and impartial hearing before any decision is made?

4. What is the procedure for evaluating the duration and extent of any person being subject to unacceptable actions decision.

5. Has any MSP ever been made subject unacceptable actions decision for asking repeated questions of officials.

Response

1 and 2. The Scottish Government’s Unacceptable Actions Policy (UAP) was drafted in conjunction with the Scottish Public Services Ombudsman (SPSO).

3. The Scottish Government do not have to provide a hearings process. If you are unhappy with the UAP, you have the option to contact the SPSO via the following link https://www.spso.org.uk/contact-us

4. The UAP is implemented on a case by case basis and is an open-ended process.

5. No

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.