The complainant submitted a request to the London Borough of Lewisham (the Council) seeking a copy of a report concerning the security of a particular site. The Council disclosed a redacted version of the report withholding parts of it on the basis of sections 38(1)(a) and (b) (health and safety) and section 42(1) (legal professional privilege), albeit that it subsequently disclosed the information which it had sought to withhold on basis of the latter exemption. The Commissioner has concluded that the remaining withheld information is exempt from disclosure on the basis of sections 38(1)(a) and (b) (health and safety) of FOIA. However, the Commissioner has concluded that the Council breached sections 10(1) and 17(1) by failing to respond to the request within 20 working days.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 38: Complaint not upheld
Citations:
[2019] UKICO fs50833190
Links:
Jurisdiction:
England and Wales
Information
Updated: 08 August 2022; Ref: scu.643487
