The Scottish government is facing legal action after missing two deadlines to release documents linked to an investigation into former first minister Nicola Sturgeon.
Scotlands information commissioner, David Hamilton, has asked solicitors to begin proceedings against the government at the Court of Session, Scotland’s highest civil court.
The move comes after the government failed to follow a ruling from December 2025, which ordered the release of documents from James Hamilton’s 2021 investigation into Sturgeon’s handling of complaints against her predecessor Alex Salmond.
To give context, Alex Salmond was charged with 13 sexual offences, including attempted rape, but was found not guilty on all counts during a trial in 2020.
James Hamilton’s 2021 inquiry looked at whether Sturgeon broke the ministerial code by influencing the complaints process, but she was cleared of wrongdoing. However, the courts found flaws in how the complaints were handled, so questions remain about the documents.
In November 2025, David Hamilton, responsible for Scotland’s freedom of information laws, ruled the government had withheld some of the evidence used in the inquiry and ordered parts of the material to be released by 15th January 2026.
When the deadline passed, Hamilton warned ministers that legal action would follow if the documents were not provided by 22nd January. Once again, the Scottish government missed the second deadline, notifying the commissioner just minutes before it expired.
In a statement issued on Friday (23rd January), Hamilton confirmed legal action would now commence. He said following Freedom of information rules is essential for public trust.
In a statement issued on Friday (23rd January), Hamilton confirmed legal action would now commence and said following Freedom of Information rules is vital for public trust.
‘This is the first time the commissioner has reported a public authority to the Court of Session for non-compliance,’ Hamilton said. ‘Once certified, the court may investigate the matter and may treat failure to comply as contempt of court.’
The situation puts more pressure on first minister John Swinney, with opposition parties accusing the government of delaying tactics and wasting money on legal fees.
On Thursday (22nd January), Swinney said the government would respond to the commissioner ‘as soon as practically possible’, adding: ‘I do not expect this will take much longer.’
Speaking to BBC News, a Scottish government spokesperson said: ‘Court orders make it clear that the identities of those who complained in relation to allegations of sexual offences must be protected.
‘We cannot publish information which would breach those court orders and amount to a contempt of court. Accelerated work is underway to consider each document for release. The assessment is complex given the need to avoid jigsaw identification.’
Image: chris robert/UnSplash
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