Council criticised for missing deadline to release new school documents

A council has been criticised for missing a deadline on a freedom of information (FOI) request related to controversial plans for a new high school.

Scottish Information Commissioner David Hamilton said it was "totally unacceptable" that East Dunbartonshire Council only complied with the request on 4 November when it had been told to reply 22 days earlier, on 13 October.

The request was for details on how the council had selected a local park as the site for the new Lenzie Academy - a decision which has provoked protests from local campaigners who are angry at losing greenspace.

The council said the delay had been due to an administrative error.

The local authority previously said the FOI was "manifestly unreasonable", and that it would cost over £1,000 to provide the details requested.

The applicant then appealed to Mr Hamilton, who launched an investigation and ruled the council should provide the data.

A judgement published on 29 August said East Dunbartonshire Council had not provided "adequate evidence" to justify their estimate of the £1,000 cost.

The ruling said information should be provided by 13 October - a deadline the local authority missed.

In a letter to the council's chief executive Ann Davie, Mr Hamilton said: "The commissioner considers the council's failure to comply with the decision notice by the statutory deadline totally unacceptable.

"This breach flies in the face of the council's stated commitment to transparency and legal compliance and erodes trust not just in your authority, but in the freedom of information regime as a whole."

Mr Hamilton added that explanations for the late response were not acceptable, and that it was fortunate for the local authority he had not referred the matter to the Court of Session for potential contempt of court.

He also said there are "some wider issues" with the council responding to his office, saying staff have needed to issue information notices - a written note requesting details - to obtain information from the local authority.

He noted there were "significant weaknesses" in the council's submissions on why it denied the initial FOI request.

Mr Hamilton also used his letter to reiterate his call for further powers for his watchdog.

Ms Davie said a personal apology had been provided to the commissioner's office regarding the delay.

She said: "The failure to comply was not due to any reluctance to provide a response but rather due to an administrative error, which was then compounded by pressing operational demands.

"Once the error had been raised, the information – which required significant resource and time to review the relevant records - was sent to the requester within three weeks. As part of the response the requestor also received an apology."

Why is there controversy over new school site?

East Dunbartonshire Council has been seeking to build a new school to replace Lenzie Academy for years.

The school was recently criticised in a fire safety report, which found there was "substantial" risk to life from numerous hazards in the building.

The council recently selected Whitegates Park as the new site, but the decision split local opinions.

Campaigners against the move previously told BBC Scotland News they felt the council had been secretive over the issue, and said minutes had not been taken at a meeting that decided on the school location.

They also pointed to a survey in 2018 - when the site was being considered for a new additional support needs (ASN) school - that found a toxic risk from shallow soils.

East Dunbartonshire Council wants to build a new school on Whitegates Park

East Dunbartonshire Council said further survey work found Whitegates Park would be suitable if remedial work was carried out.

Those opposing Whitegates also queried why a scoring system used in 2018 was dropped for the most recent evaluation of the land.

The council said this was to avoid criteria being used that did not apply to every site option.

A spokesperson for the Save Whitegates Park group said the information commissioner's comments reflected local frustration about engaging with the council.

They said: "There is deep and legitimate alarm over the way East Dunbartonshire Council has managed this process. Our community will not accept decisions made without proper scrutiny or engagement.

"We call on East Dunbartonshire Council to urgently address these failures, provide full clarity on how decisions have been made, and re-establish an open and lawful process that respects the rights and expectations of the public."