Public decisions should survive public questions.

Question 125 of 150

Remit and contract specific

LJBD / REG / 125 · Checked 1 August 2026

Can the public authority obtain records held by its contractor?

This page does not decide the answer for a particular case. It turns the question into a request for an identifiable decision, reason, record and review route.

Editorial illustration representing documents, public decisions and an auditable record
Illustration. The source register below carries the factual weight.

The short answer

A useful response should be specific enough to check.

A contractor can perform a public function without removing the commissioning authority's accountability. Ask who decided, under what power and who can review it.

For this question, a useful answer should identify the power, accountable body, decision-maker, contract or policy, audit record, complaint route and available remedy. A label without those particulars may describe an outcome, but it does not expose the decision trail.

Put it in writing

Six follow-up questions

Use only the lines that fit. A numbered request makes an incomplete answer easier to identify without turning the letter into an accusation.

  1. 01

    Please answer this question directly: Can the public authority obtain records held by its contractor?

  2. 02

    Please identify the person or role responsible for the answer and the date of the decision.

  3. 03

    Please identify the legal power, published policy, procedure or test relied upon, including its current version.

  4. 04

    Please identify the power, accountable body, decision-maker, contract or policy, audit record, complaint route and available remedy.

  5. 05

    If any part cannot be answered, please state whether the information is not held, cannot be disclosed, or requires a different request route.

  6. 06

    Please identify any review, correction, complaint or appeal route and the deadline that applies.

Why record it?

Preserve the answer and the route to it.

Memory changes, reference numbers join separate systems, explanations can drift, and retention periods may expire. The point is a usable chronology kept by the reader, not evidence submitted to this website.

  • Date, time, place and method of contact
  • Name, role, organisation and team, if provided
  • The exact question asked and exact answer where possible
  • Every incident, complaint, case and document reference
  • The decision or refusal, reasons given and decision-maker
  • Evidence offered, what was accepted and what was declined
  • Promised action, deadline and next contact
  • Original documents and files, including metadata where available

Official starting points

Where the answer may be buried

These links are selected for this topic, not offered as a complete statement of the law. Read the current page, its jurisdiction and any stated deadline.

Scottish Information CommissionerAppeal an FOI decision

Apply to the Commissioner after the authority's review stage.

https://www.foi.scot/Appeal
Scottish Information CommissionerAsk an authority for a review

Check the review process and current deadlines before appealing.

https://www.foi.scot/asking-for-a-review
Scottish Public Services OmbudsmanComplaints handling principles

Understand the model principles used by Scottish public services.

https://www.spso.org.uk/complaintsprinciples
Scottish Public Services OmbudsmanWho can help if SPSO cannot

Find alternative organisations when a matter is outside SPSO's remit.

https://www.spso.org.uk/who-can-help-you-if-we-cant
Open the full contacts and forms directory

Possible routes

The route depends on what is actually wrong.

Need the decision explained?

Ask the decision-maker or organisation for the decision, reasons, authority and reference in writing.

Need your own data?

A subject access request is different from an FOI request for policies, statistics or other recorded information.

Need a factual record corrected?

Identify the exact statement, why it is inaccurate, the supporting record, and every later system or decision that may contain it.

Need external scrutiny?

Check the reviewer's actual remit. Some bodies review complaint handling but do not reinvestigate the original event.

Do not assume one process stops another deadline. Complaint, review, appeal, tribunal and court time limits can run separately.