Elmbridge Borough Council (Local Government): ICO 11 Sep 2020

The complainant has requested from Elmbridge Borough Council information in relation to legal advice that the Council received from external counsel. The Council confirmed that it held the information requested, however, it decided to withhold it citing regulation 12(5)(b) of the EIR. The Council stated that the withheld information was covered by Legal Professional Privilege (LPP). The Commissioner’s decision is that the Council correctly withheld the information under the exception at regulation 12(5)(b) of the EIR – adversely affects the course of justice – and that the balance of the public interest favours the exception being maintained. The Commissioner does not require the Council to take any steps to comply with this decision notice.
EIR 12(5)(b): Complaint not upheld


[2020] UKICO IC-39236-X0D0




England and Wales


Updated: 31 July 2022; Ref: scu.656041