Complaint Re ECU Removing Public Representations by Email

Garve and District Community Council

Added at 23:20 on 03 February 2026

We sent a representation to Ministers and the ECU - Energy Consents Unit on 27th Janurary 2026

For the attention of -

1. Ivan McKee MSP
Minister for Public Finance 
With responsibility for energy consent decision-making functions administered by the Energy Consents Unit

2.  Gillian Martin MSP
Cabinet Secretary for Climate Action and Energy

3.  Operational contact point for ECU  

Ref - Community Council Formal Complaint: Public Participation Barriers and ECU Digital Governance Compliance

Dear Mr McKee,
I write on behalf of Garve and District Community Council regarding serious concerns about how the Energy Consents Unit (ECU) is currently enabling public participation in the energy consent process, and whether its digital systems meet the legal and governance standards expected of a Scottish Government service.
This correspondence is shared with the Cabinet Secretary for Climate Action and Energy, Gillian Martin MSP, in recognition of her policy oversight role, and with the Energy Consents Unit via its published contact address.

The Community Council’s principal concern is that the ECU’s current system places structural barriers between communities and statutory decision-making. The removal, around 15 January 2026, of the long-standing email route for representations has altered the nature of public engagement from an open submission model to a controlled digital interface. This is not simply a change of format. It changes how fully communities are able to articulate their position.

Energy infrastructure proposals are often highly technical, cumulative in impact and of long-term consequence to rural areas such as ours. A platform that imposes fixed limits on submission length restricts the ability of community bodies to provide properly evidenced, reasoned and comprehensive representations. From a community governance perspective, this risks narrowing the scope of material considerations presented to decision-makers.

Alongside this democratic concern, the Community Council questions whether the ECU portal meets the legal standards for public sector digital accessibility.
The ECU website is a Scottish Government service and is therefore subject to the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018. These Regulations require more than general accessibility guidance. They require a formal accessibility statement which must:

• identify content that is not accessible
• explain the reasons for any non-compliance
• set out available alternatives
• provide a clear mechanism for reporting accessibility problems or requesting accessible formats
• link to the enforcement procedure

While the ECU site contains an “Accessibility” link in its footer, the content presented appears informational rather than a legally compliant accessibility statement. It does not clearly set out known accessibility barriers, exemptions, reporting procedures, or enforcement routes. The existence of a general accessibility page does not in itself fulfil statutory duties.
Where a single digital platform has become the primary gateway for civic participation, accessibility compliance is not a peripheral matter. It is directly connected to whether disabled people and others facing digital barriers can exercise their right to participate in public decision-making. This also engages the Equality Act 2010 duty on public authorities to make reasonable adjustments.

The Council is additionally concerned that the legal and data protection information presented to users of the portal must be accurate, current and clearly explained, given that individuals are required to submit personal data as part of the representation process.

In light of the above, the Community Council seeks a full written response addressing:

1. The governance and legal rationale for withdrawing the email submission route.
2. What assessment was undertaken of the impact of this change on digitally excluded groups and community bodies.
3. Where a legally compliant accessibility statement for the ECU platform is published, as required by the 2018 Regulations.
4. How users can formally report accessibility barriers and obtain information in alternative formats.
5. How the ECU ensures the accuracy and currency of legal and data protection information presented within the portal environment.

This issue goes beyond administrative convenience. It concerns how communities are able to participate in nationally significant planning decisions that directly affect their environment and future.
We look forward to your detailed response.

Reply recieved - 2nd February 2026