Freedom of Information Request - Unacceptable Behaviour Policy
Date: 20 August 2025
Our ref: SIR181068/A5335181
Information Request – Unacceptable Behaviour Policy
Your Request
I would also like to request sight of all information NatureScot holds on the application of it's Unacceptable Behaviour Policy and what statute allows them to use it.
Our Response
The Model Complaints Handling Procedures (MCHPs), which was developed by the Scottish Public Services Ombudsman (SPSO), provides a standardised approach to handling complaints within various public service sectors.
The guidance from the SPSO informs NatureScot’s own Unacceptable Behaviour Policy. We have included the SPSO guidance on a MCHP, and, within the context of your request Pages 15 and 16 are the key parts of this document (a copy is attached as part of this response).
In terms of the basis in law, the Scottish Public Services Ombudsman Act 2002 sets out the SPSO’s powers and duties. Of note, this includes:
• their role as the final stage for complaints about most devolved public services in Scotland including councils, the health service, prisons, water and sewerage providers, Scottish Government, universities and colleges.
• their specific powers and responsibilities to publish complaints handling procedures and monitor and support best practice in complaints handling.
The 2010 Public Services Reform (Scotland) Act requires the SPSO to lead the development of simplified and standardised complaint procedures across the public sector. The Act gave them the power to publish model complaints handling procedures (CHP) that public bodies must comply with.
NatureScot from 2022/23 to the date of this letter has had three cases where the unacceptable use policy has been enacted, 3 Notification Letters have been issued (Stage 2 of our policy), 1 Restriction of Contact Letter has been issued (Stage 3 of our policy), and, 1 appeal against the issuing of Restriction of Contact Letter has been taken forward (Stage 4 of our policy).
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
