FOI Fatigue: When Transparency Is No Longer 'Core Business'

On Thursday, the Scottish Government handed over an emergency £40 million bailout to the University of Dundee. Public money. Little scrutiny. No public debate.

The same week, Glasgow City Council responded to a Freedom of Information request by saying that fulfilling it would “divert staff from core activities.” They waited the full 20 working days to issue this non-response. It’s not the first council to use that phrasing.

When exactly did public transparency stop being a core activity?

What happens to trust in public services when citizens, journalists, or campaigners are met with silence, delays, or unexplained redactions when they try to shine a light on public spending?

Over the past several months, The Lid Files has submitted dozens of Freedom of Information requests across Scotland, from local authorities to enterprise agencies to the Scottish Government itself. Some responses have been professional and helpful. Others have been evasive, obstructive, or - frankly - troubling.

Requests that should take minutes to fulfil are met with cost exemptions. Questions that go to the heart of democratic accountability - who is spending public money, and on what - are treated as annoyances. Some councils admit they don’t hold even the most basic information you’d expect any modern public authority to track.

What began as a system to empower citizens is now, in many places, being treated like a burden.

It’s time for that to change.

Below are two letters sent today — one to the Scottish Government’s FOI Policy Unit, and one to the Scottish Information Commissioner — calling for action. I’ve published them in full, because transparency begins at home.

[LETTER TO THE SCOTTISH INFORMATION COMMISSIONER]

To: Scottish Information Commissioner
Kinburn Castle
St Andrews, Fife, KY16 9DS
Email: enquiries@itspublicknowledge.info

Subject: Concern Regarding Council Attitudes Toward FOI Obligations

Dear Commissioner,

I am writing to raise a concern about the apparent shift in attitude among some Scottish public bodies — particularly local authorities — in how they treat their responsibilities under the Freedom of Information (Scotland) Act 2002 (FOISA).

I have recently encountered multiple examples where requests for standard management and operational data have been refused, either on cost grounds or on the basis that fulfilling such requests would "divert staff from core activities." Glasgow City Council, in particular, recently responded to a straightforward FOI request regarding back-office costs by stating that fulfilling it would not be possible "without diverting resources from core Council business" — implying that public transparency is not considered core work.

This attitude is concerning. The right to access public information is not a fringe or optional function. It is a cornerstone of public accountability and a statutory right under FOISA. Councils and other public bodies must not be permitted to position transparency as a burden to be avoided.

I appreciate that the Commissioner has no role in managing FOI units, but I believe it is within your remit to issue guidance, commentary, or policy signals where you identify concerning patterns across the public sector. I respectfully ask whether you intend to issue a formal statement or conduct any review in response to this apparent shift in tone and practice.

I will be publishing both this letter and the letter sent to the Scottish Government as part of a public-facing investigation into the state of FOI in Scotland.

Kind regards,
William MacLean
✉️ editor@lidfiles.org
The Lid Files

[LETTER TO THE SCOTTISH GOVERNMENT FOI POLICY UNIT]

To: FOI Unit, Scottish Government
Email: foi@gov.scot

Subject: Request for Review of Local Authority FOI Practice and Policy Interpretation

Dear FOI Policy Team,

I am writing to raise a concern about the erosion of transparency culture within Scotland’s local authorities in relation to the Freedom of Information (Scotland) Act 2002 (FOISA).

I recently submitted a number of FOI requests relating to council administrative costs and software systems. These were standard, well-scoped requests in the public interest. In several cases — most notably Glasgow City Council — responses have either been refused or effectively delayed for the maximum permitted period, with rejections citing cost grounds or the claim that processing the request would "divert staff from core activities."

This phrase — "diverting staff from core activities" — is telling. It suggests a mindset in which transparency and public accountability are treated as optional extras, rather than fundamental democratic duties. That attitude appears increasingly common.

Given the Scottish Government’s stated commitment to open government, and recent high-profile failures of public oversight (including the £40 million public bailout of Dundee University), I believe a cultural reset is needed.

I therefore respectfully ask:
1. Whether the Scottish Government intends to issue updated guidance to FOI officers and public bodies on the balance between core service delivery and statutory transparency duties.
2. Whether the FOI Unit has observed an increase in the use of Section 12 (excessive cost) or related justifications, and whether any monitoring is in place.
3. Whether the Government plans to enhance centralised support for local authority FOI delivery, particularly for high-interest subjects like back-office costs, software systems, and staffing structures.

I will be publishing this letter and the letter sent to the Scottish Information Commissioner as part of a public accountability article.

Thank you for your attention to this matter.

Kind regards,
William MacLean
✉️ editor@lidfiles.org
The Lid Files