Freedom of Information vexatious or repeated requests data: FOI release

Information requested

1) Please provide the number of Freedom of Information requests refused by the Scottish Government for being vexatious since John Swinney became First Minister. Also provide the same for the time Humza Yousaf was First Minister and the same for when Nicola Sturgeon was First Minister.

2) For each of the above provide a list of all the FOI reference numbers along with a brief description of the topic of the request along with the evidence and criteria used by the Scottish Government to deem it vexatious in their opinion. 

3) Provide the number of times the vexatious requests were appealed to the Scottish Information Commissioner and the number of times the Scottish Information Commissioner disagreed with the vexatious classification and ordered the Scottish Government to alter its position and publish the information requested. Also provide details of what disciplinary action was taken against staff who incorrectly ruled a request for bent vexatious and if no disciplinary action was taken provide the evidence used to clear the employee and the evidence used that demonstrates they have fully complied with the Civil Service Code.

4) Provide the number of times, the FOI reference numbers and a brief description of the topic of request where the Scottish Government have classed a request as vexatious due to a complaint, criticism or maladministration claim being made against a member of Scottish Government staff. And what disciplinary action was taken against the staff who have attempted to cover up any embarrassment, maladministration or wrongdoing. If no disciplinary action was taken provide the evidence used to clear the employee and the evidence used that demonstrates they have fully complied with the Civil Service Code.

5) Publish the policies, procedures and checks the Scottish Government carry out on vexatious requests to ensure that Scottish Government staff are not classing requests as vexatious to cover up any embarrassment, wrongdoing, fraud, corruption or maladministration of either themselves, their team or any other Scottish Government colleague or employee.

6) Provide the evidence that the policies, procedures and checks requested in 4) above were carried out in relation to FOI requests on property factors which sought information that would expose maladministration and wrongdoing by Scottish Ministers and the Housing Directorate in relation to the registration of property factors - particularly as the Director of Housing was involved in allocating both the original request and review to someone in his own team. Something your previous response told me couldn’t and wouldn’t happen but somehow did.

Response

Question 1

Please provide the number of Freedom of Information requests refused by the Scottish Government for being vexatious since John Swinney became First Minister. Also provide the same for the time Humza Yousaf was First Minister and the same for when Nicola Sturgeon was First Minister.

First Minister	In office dates	Number of responses refused under s.14(1)
Nicola Sturgeon	20/11/14 – 28/03/23	56
Humza Yousaf	29/03/23 – 07/05/24	18
John Swinney	08/05/25 – to date	102

Please note: the above table covers the period from November 2018 until 12/03/2026, the period that our current correspondence management system (CMS) covers.

The table above has been put together using data obtained from our CMS. It should be noted that this system files correspondence according to type, for example whether correspondence is an FOI or a letter to a Minister. For FOIs, it is possible for additional information to be added that specifies the exemptions used in the response, but this field is not compulsory and it is dependent on the individual case handler deciding to add the data. Therefore, although the report run indicates the above figures for the number of requests responded to as Vexatious, this is unlikely to be an accurate summary of all of the cases where section 14(1) has been applied. For an accurate number to be obtained each of the approximately 42000 individual case files for all the requests that have been received since November 2018 would need to be opened and reviewed. That would breach the cost limits.

We do not hold information before November 2018 and can confirm that exemption section 17(1) (information not held) of FOISA applies. This is because our correspondence management system (CMS), which produced the report upon which this table has been populated, has only been in use since November 2018 and information from before this period is no longer held.

It may help if I explain the reason why records before 2018 do not exist. As set down in the Scottish Government’s record management policy (Scottish Government Records Management Policy), information and records shall be retained only as long as they are required to support Scottish Government in its business requirements and legal obligations. At the end of that time, the records will either be destroyed or transferred to the National Records of Scotland for permanent preservation.

The Scottish Government’s retention schedules are the key to effective management of our records, they set out the periods for which particular classes of records are retained in accordance with legal, audit and operational requirements. They provide a formalised, accountable system for the retention and disposal of records, and can help to save time, money and space by ensuring that information is not kept unnecessarily.

Question 2

I have divided this question into 2 parts:

2. Part 1: For each of the above provide a list of all the FOI reference numbers along with a brief description of the topic of the request.

This information is released in part within Annex A (attached). An exemption under s.38(1)(b) (personal data of a third party) of FOISA applies to some of the information that you have requested because it is personal data of a third party (i.e names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018).

2. Part 2: The evidence and criteria used by the Scottish Government to deem it vexatious in their opinion.

This information is exempt from release under section 25(1) (Information otherwise accessible) of FOISA. We do not have to give you information which is already reasonably accessible to you. This is because SG uses the guidance set down by the Scottish Information Commissioner to judge whether a request is deemed vexatious or not. The guidance is readily available on the OSIC website by using the following link:

BriefingSection14VexatiousorRepeatedRequests.pdf

If, you do not have internet access to obtain this information please contact me and I will send you a paper copy.

Question 3 (part 1)

I have divided this question into 2 parts:

3. Part 1: Provide the number of times the vexatious requests were appealed to the Scottish Information Commissioner and the number of times the Scottish Information Commissioner disagreed with the vexatious classification and ordered the Scottish Government to alter its position and publish the information requested.

This information is exempt under 25(1) (Information otherwise accessible) of FOISA. We do not have to give you information which is already reasonably accessible to you. This is because the number of times vexatious requests have been appealed and their outcomes are readily available on the Scottish Information Commissioner’s website at:

Decisions | Scottish Information Commissioner.

How to search

You can find decisions issued by OSIC in relation to the application of s.14(1) by selecting “s.14(1)” from the drop down list available in the segment entitled “FOISA exemptions/sections”. The list presented can then be further filtered by public body, for example “Scottish Ministers” for those decisions made by OSIC in relation to the Scottish Government.

Please note: that this is only reflective of cases that have been decided upon by OSIC and will not include instances where appeals have been refused as invalid, withdrawn by the applicant or those currently in process with OSIC.

If, you do not have internet access to obtain this information please contact me and I will send you paper copies.

Questions 3 (part 2), 4, 5 and 6

3. Part 2: Also provide details of what disciplinary action was taken against staff who incorrectly ruled a request for bent vexatious and if no disciplinary action was taken provide the evidence used to clear the employee and the evidence used that demonstrates they have fully complied with the Civil Service Code.

4. Provide the number of times, the FOI reference numbers and a brief description of the topic of request where the Scottish Government have classed a request as vexatious due to a complaint, criticism or maladministration claim being made against a member of Scottish Government staff. And what disciplinary action was taken against the staff who have attempted to cover up any embarrassment, maladministration or wrongdoing. If no disciplinary action was taken provide the evidence used to clear the employee and the evidence used that demonstrates they have fully complied with the Civil Service Code.

5. Publish the policies, procedures and checks the Scottish Government carry out on vexatious requests to ensure that Scottish Government staff are not classing requests as vexatious to cover up any embarrassment, wrongdoing, fraud, corruption or maladministration of either themselves, their team or any other Scottish Government colleague or employee.

6. Provide the evidence that the policies, procedures and checks requested in 4) above were carried out in relation to FOI requests on property factors which sought information that would expose maladministration and wrongdoing by Scottish Ministers and the Housing Directorate in relation to the registration of property factors - particularly as the Director of Housing was involved in allocating both the original request and review to someone in his own team. Something your previous response told me couldn’t and wouldn’t happen but somehow did.

While our aim is to provide information wherever possible, under section 14(1) of FOISA, public bodies are not required to comply with a request for information if the request is vexatious.

The Scottish Information Commissioner’s guidance on vexatious requests at: BriefingSection14VexatiousorRepeatedRequests.pdf says that “The following factors will be relevant to a finding that a request (which may be the latest in a series of requests or other related correspondence) is vexatious:

1. it would impose a significant burden on the public authority.

2. it does not have a serious purpose or value.

3. it is designed to cause disruption or annoyance to the public authority.

4. it has the effect of harassing the public authority.

5. it would otherwise, in the opinion of a reasonable person, be considered to be manifestly unreasonable or disproportionate.”

We consider that points (3), (4) and (5) apply to questions (4), (5) and (6). This is explained further below:

It is designed to cause disruption or annoyance to the public authority and it would otherwise, in the opinion of a reasonable person, be considered to be manifestly unreasonable or disproportionate.

The persistent nature of this and previous requests has been interpreted as being an attempt to effect a change or circumvent a decision made in relation to you under the Scottish Government’s Unacceptable actions policy.

In his recent decision (042/2026), the Scottish Information Commissioner (OSIC) set out that “Freedom of information law is not intended to serve as a mechanism for pursuing individual disputes with public authorities”

This combined with the harsh tone of your request, contributes to our belief that this request has been designed to cause disruption or annoyance to the Scottish Government.

It has the effect of harassing the public authority

Even if a requester does not have the intention of harassing the public authority and/or its staff, a request may still be deemed vexatious when, considered from the perspective of a reasonable person, it has the effect of harassing the authority or their staff. The language and tone of a request may be relevant in making this assessment.

In our view the language, including the accusations of serious maladministration on the part of officials, used in this request has the effect of harassing the Scottish Government. There is an expectation that professional government officials or holders of public office should be able to withstand reasonable criticism from members of the public. We believe the nature of your accusations, your tone and the persistence with which you continue to enter into correspondence with us, have surpassed the point at which a reasonable person would expect us to withstand this behaviour.

Supplementary Advice and Assistance

You may find the following points, taken from a decision recently made by the Scottish Information Commissioner in decision 042/2026, useful in relation to our decision to apply s.14(1) to parts of your request. We would ask that you consider these should you choose to reconsider and resubmit your request above or in regards to any further requests that you make.

Point 91:

“Ensuring that requests be focused clearly on the recorded information they wish to receive and should not involve extended commentary or attempts to dispute previous responses they have received;

and

Requests should not include allegations against the Authority’s staff, nor be expressed in impolite or abusive tone or language, nor single out junior staff or unreasonably seek the personal attention of senior decision makers”

About FOI

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

FOI 202600510718 - Information Released - Annex A

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