The complainant requested information concerning an allotment plot from Fleetwood Town Council. The council withheld some information using section 42(1) of the Freedom of Information Act 2000 on the basis that it was subject to legal advice privilege. During the Commissioner’s investigation, the council disclosed some of the legal advice as it accepted that this was no longer confidential. The Commissioner’s decision is that the request should have been dealt with under the terms of the Environmental Information Regulations 2004 rather than the FOIA. He is satisfied however that regulation 12(5)(b) was engaged in relation to the remaining information and that the public interest favoured maintaining the exception. He was also satisfied that no further recorded information was held.
Section of Act/EIR and Finding: EIR 12.5.b – Complaint Not upheld
[2012] UKICO FS50423913
Bailii
England and Wales
Updated: 24 August 2021; Ref: scu.529395