Civil Sanctions for Misleading Reports
Where a company, including an ALEO, knowingly submits a report or other information to local authority officials that is misleading by reason of the inclusion of false statements or the omission of relevant facts or where such officials knowingly submit misleading information to councillors, whether or not councillors act upon that information, the Scottish Ministers should consider whether there should be an appropriate sanction in damages against the relevant individuals within the company responsible for the false statements or omission of relevant facts, as well as against the company itself, and against the relevant local authority officials involved in misleading councillors.
- No published decision on whether to introduce new civil liability provisions for knowingly submitting misleading reports or information has been identified to March 2026.
How was this evidence gathered?
Response
Under Consideration
Response
Under ConsiderationThe Scottish Government stated it is 'giving careful consideration' to recommendations about civil damages provisions and criminal statutory offences for misleading evidence. The Government noted that existing remedies may already exist under delictual liability and fraud law. Source: Transport Secretary Statement, 2 November 2023.