4.3  What you can do if you believe your communities needs have not been considered

If islanders believe their needs have not been considered, for example, if an ICIA has not been carried out or it doesn’t adequately describe the differential effect a policy is going to have on an island community compared to another, there are several mechanisms to challenge public authorities.

Firstly, attempts should be made for dialogue with the relevant authority. It may be that they weren’t aware of their responsibilities under the Act and would welcome dialogue on how to resolve the issue. It may be worth speaking to other elected representatives such as councillors, Members of the Scottish Parliament (MSPs) or Members of Parliament (MPs) to see what they can do to help, particularly if the decision has been taken by a national authority.

The Scottish Government has produced guidance for relevant authorities to follow when producing an ICIA. There is a seven-step process which authorities should follow.

This short video has been produced to help public authorities understand their obligations − watch the video to familiarise yourself with this and the seven-step process. A checklist has also been developed to help you scrutinise an ICIA, including whether the correct process has been followed.

If informal dialogue isn’t successful the following mechanisms are open to you:

1. Request a review – Islanders can request a review of the decision under the ‘Review of Island Communities Impact Assessments Decisions (Scotland) Regulations’. This allows them to formally challenge the adequacy of the impact assessments conducted by public authorities.
2. Complaints process – Islanders can use the standard complaints process of the relevant public authority. This involves submitting a formal complaint detailing how the authority has failed to meet its obligations under the Act.
3. Ombudsman – If the complaint is not resolved satisfactorily, islanders can escalate the issue to the Scottish Public Services Ombudsman (SPSO). The SPSO can investigate complaints about public services in Scotland and ensure that proper procedures were followed.
4. Judicial review – As a last resort, islanders can seek a judicial review. This is a legal process where a court reviews the lawfulness of a decision or action taken by a public authority. It can be used to challenge failures to carry out required impact assessments or consultations.

While dialogue is the best first step to advocating for your community, these mechanisms ensure public authorities can be held accountable for their responsibilities under the Act.