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Legal Action Over Council Delays with Subject Access Requests

Glasgow and Edinburgh Councils Reprimanded by the ICO – But All 32 Councils Must Comply With Their Obligations

The Information Commissioner’s Office (ICO) has publicly reprimanded Glasgow City Council and City of Edinburgh Council for taking far too long to respond to Subject Access Requests (SARs).

These delays are not just administrative failings. They are causing distress to those seeking their personal information for a variety of important reasons. Of particular concern, delays have been experienced by those seeking childhood records needed for applications to the Scottish Redress Scheme. For many, this information is essential evidence of time spent in care or the abuse they suffered, and the delays have compounded the already challenging path to justice.

While Glasgow and Edinburgh have received reprimands, the ICO investigation highlighted that the problem of delays in responding to SARs extends to other local authorities in Scotland.

Thompsons Solicitors Scotland Are Taking Action

At Thompsons, we believe this is unacceptable. Systemic failures by local authorities must not be allowed to cause detriment to those exercising their right to obtain their own personal data.

We are now gearing up to bring group proceedings against the local authorities which have failed to comply with their responsibilities.  Each council will face a separate legal action. If you, or someone you know, has experienced delays in receiving personal records, you may be entitled to join one of these actions.

This is not just about compensation it’s about accountability, justice, and ensuring that no one suffers harm because of administrative neglect.

Read the ICO's full statement here

Frequently Asked Questions (FAQs)

A Subject Access Request (SAR) is a legal right under data protection law that allows you to ask an organisation like a local authority for copies of your personal information.

For many, the personal data sought is required for an important purpose. For survivors, accessing historical records is the only way to prove they were in care or suffered abuse. Delays in releasing this information can stop or severely slow down a Redress Scotland application, meaning justice and compensation are unfairly postponed, sometimes for years.

All 32 Scottish local authorities have been criticised by the ICO, with Glasgow and Edinburgh specifically reprimanded for repeated and serious delays.

Here is the full list of councils:

  • Aberdeen City Council
  • Aberdeenshire Council
  • Angus Council
  • Argyll and Bute Council
  • Clackmannanshire Council
  • Comhairle nan Eilean Siar (Western Isles Council)
  • Dumfries and Galloway Council
  • Dundee City Council
  • East Ayrshire Council
  • East Dunbartonshire Council
  • East Lothian Council
  • East Renfrewshire Council
  • City of Edinburgh Council
  • Falkirk Council
  • Fife Council
  • Glasgow City Council
  • Highland Council
  • Inverclyde Council
  • Midlothian Council
  • Moray Council
  • North Ayrshire Council
  • North Lanarkshire Council
  • Orkney Islands Council
  • Perth and Kinross Council
  • Renfrewshire Council
  • Scottish Borders Council
  • Shetland Islands Council
  • South Ayrshire Council
  • South Lanarkshire Council
  • Stirling Council
  • West Dunbartonshire Council
  • West Lothian Council

Group litigation allows multiple people affected by the same issue to join forces in a single legal case. In this case, those affected by the same type of delay by a specific council can pursue justice together.

No. If you experienced care in Scotland and your SAR to a Scottish council was delayed or obstructed regardless of where you currently live you may still be eligible to join the legal action.

There is no upfront cost to join the legal action. Thompsons Solicitors Scotland is acting on a No Win, No Fee basis. If we don’t win your case, you don’t pay us anything.

You’re likely eligible if: 

  • You submitted a SAR to a Scottish local authority
  • The response was significantly delayed or incomplete
  • The delay has caused you distress or other harm

Our legal team can quickly assess your case in a confidential, no-obligation consultation.

How do I join?

Get in touch using the contact form on this page or call us on 0800 0891 331. We’ll guide you through the next steps and let you know what information we need.
Talk to Thompsons today to discuss your case in confidence and find out how you can be part of the group action in your area.

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