The Scottish Information Commissioner has taken the unprecedented step of instructing solicitors to begin legal proceedings against the Scottish Government, after Ministers failed to comply with a formal decision requiring the release of information linked to the James Hamilton report into the conduct of former First Minister Nicola Sturgeon.
In a statement issued on 23 January 2026, the Commissioner confirmed that the Government had not provided evidence of compliance with Decision 281/2025, which ordered disclosure of some material relating to the Hamilton investigation and associated legal advice. The Commissioner noted that the decision also required Ministers to issue a fresh response in relation to other information “which had been incorrectly withheld on cost grounds”.
The Scottish Government failed to meet an initial compliance deadline of 15 January 2026. The Commissioner wrote to Ministers the following day warning that legal action would follow if compliance was not demonstrated by 22 January.
With no evidence forthcoming, the Commissioner has now “instructed his solicitors to take the next steps in the certification process to the Court”. He stressed that full and timely compliance with Decision Notices is essential to the effective operation of FOI in Scotland, adding that he “will not hesitate in exercising his power to refer non compliance to the Court of Session”.
This marks the first time the Commissioner has referred a public authority to the Court of Session for non compliance with an FOI decision.
Once the matter is certified, the Court may investigate and has the power to treat a failure to comply as contempt of court.
The underlying FOI request sought information relating to the James Hamilton Report, which examined whether Nicola Sturgeon breached the Scottish Ministerial Code. The Commissioner’s December 2025 decision required partial disclosure and a revised response on other elements.
