The complainant asked London Borough of Hackney for a copy of external legal advice it received in respect of the action it took when a phone conversation was placed online. LBH said that it held the requested information, but would not provide it by virtue of section 42(1) of the Act (legal professional privilege). The complainant requested an internal review and LBH upheld its initial position. The Commissioner finds that the information was withheld appropriately under section 42(1). He is satisfied that the exemption was engaged and in all the circumstances of the case the balance of public interest favoured maintaining the exemption. However, he did find procedural breaches of the Act because LBH failed to answer the complainant’s request in 20 working days. He requires no remedial steps to be taken in this case. Information Tribunal appeal number EA/2011/0162 dismissed.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 42 – Complaint Not upheld
[2011] UKICO FS50357316
Bailii
England and Wales
Information
Updated: 17 January 2022; Ref: scu.530559
