The complainant requested a copy of a document circulated to the council’s planning committee in a public planning meeting. The information was refused on the grounds of section 42 of the Freedom of Information Act 2000, that it attracted legal professional privilege. The Commissioner decided that the information was environmental information and advised the council to reconsider its response under the Environmental Information Regulations. The council undertook to do so, but continues to rely on the provisions of section 42 of the Act. The Commissioner’s decision is that the information has lost its confidential nature through being discussed in open session of the council planning committee and the council has incorrectly withheld the information. He finds breaches of regulation 5 and regulation 14 and orders the information to be disclosed.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 12.5.b – Complaint Upheld, EIR 14 – Complaint Upheld, EIR 14 – Complaint Upheld
Citations:
[2011] UKICO FER0359156
Links:
Jurisdiction:
England and Wales
Information
Updated: 11 June 2022; Ref: scu.530436
