The complainant made a request to the London Borough of Bexley (the ‘Council’) for a copy of the legal opinion obtained by the Council in relation to a transfer of Council housing stock to two housing associations. The issue concerns the status of roads and footpaths on transferred estates and whether the Council or the housing association was liable for carrying out and paying for their upkeep and maintenance post-transfer. The public authority refused to disclose the legal opinion on the basis of the exemption contained in section 42 of the Act. The Commissioner has investigated the complaint and, whilst noting the Council’s submissions as to why it considered the request under the Freedom of Information Act 2000 regime, he has concluded that the request should have been handled under the Environmental Information Regulations 2004 because he considers the information requested to be environmental information. The Commissioner has upheld the public authority’s claim that the requested information is exempt because it is subject to legal professional privilege, but because he has decided that the requested information is environmental, the exception provided by regulation 12(5)(b) may be claimed instead. This exception is similar to the exemption provided by section 42 and covers legal professional privilege. The Commissioner has also considered the public interest in relation to this exception and is of the view that the public interest in maintaining the exception outweighs the public interest in disclosing the information. The Commissioner requires no steps to be taken. Information Tribunal appeal number EA/2010/0120 dismissed.
Section of Act/EIR and Finding: EIR 12.5.b – Complaint Not upheld, EIR 14 – Complaint Upheld
Citations:
[2010] UKICO FS50267900
Links:
Jurisdiction:
England and Wales
Information
Updated: 16 May 2022; Ref: scu.531476
