FOI Request - 101003810112 Staff Hospitality and Entertainment Expenses

Request 101003825600

Review of 101003810112 Staff Hospitality and Entertainment Expenses

Dear Information Governance Manager and Data Protection Officer,

I am writing to formally request an internal review of Moray Council’s response to my Freedom of Information request dated 24 June 2025, regarding staff hospitality, meals, and entertainment expenses over the last three financial years.

Grounds for Review

Implausible “Nil” Response
The claim that no hospitality or entertainment expenses were incurred across the entire council in 2021/22, 2022/23, and 2023/24 is implausible. It is statistically improbable that a council of Moray’s size incurred zero spending in connection with:

Client or stakeholder meetings

Internal team meals

External hospitality or event-related refreshments

Any event where food or alcohol was provided

The complete absence of any spending—whether claimable or paid directly—is inconsistent with the norms of public sector operation and council practice across Scotland. This “nil” response strongly suggests under-disclosure or a misinterpretation of the request scope.

Failure to Account for Directly Paid Expenses As outlined in the attached Travel & Subsistence Policy, Moray Council centrally books travel and accommodation via Click Travel and other internal systems. Therefore, it is likely that any hospitality or event-related costs—particularly those involving venues, hotel meals, or conference catering—would be paid directly by the council and not claimed by staff.

My request explicitly included both:

Expenses claimed by staff

Expenses paid for by the council

The response appears to address only claimed expenses. No attempt has been made to interrogate directly incurred costs. This is a material failure in fulfilling the request and renders the Section 17 notice (information not held) invalid.

Absence of Advice and Assistance
Under Section 15 of FOISA, the Council has a duty to advise and assist. No attempt was made to clarify the scope or suggest ways to identify data via procurement codes, ledger categories, or event bookings. Other councils have provided partial or full datasets in response to this same request by filtering ledger codes associated with hospitality, catering, and events.

Misapplication of ‘Not Applicable’
Response items 2a–2f are marked as “not applicable.” This is not a valid exemption under FOISA. If the council holds no data, Section 17 should have been cited. If the data exists but was not searched due to cost or system limitations, Section 12 or 15 duties should apply. Using “not applicable” avoids clear statutory framing and is procedurally inadequate.

Public Interest and Transparency
Given current public concern over financial transparency, particularly in hospitality, alcohol, and public-facing spending, there is a strong public interest in disclosure. The Scottish Government has repeatedly emphasised prudent use of funds and openness in local government. A blanket “nil” return without explanation or context does not meet public interest standards.

Requested Outcomes
A full review of all directly incurred hospitality or event-related expenses (even if not claimed by individuals)

Identification of relevant expenditure via procurement or financial ledgers (e.g., account codes for food, catering, events)

A clear statement confirming whether any such expenses were incurred but not captured in the original response

Proper citation of FOISA exemptions where information is not held, and advice under Section 15 if scope refinement is needed

If this internal review does not result in a satisfactory response, I reserve the right to appeal to the Scottish Information Commissioner under Section 47 of FOISA.