ICO The complainant requested information from Manchester City Council (‘the council’) about any Traffic Regulation Orde (‘TROs’) in place on Peter Street in Manchester City Centre relating to parking and no loading dual purpose bays. The complaint also requested any internal correspondence or works orders regarding signage of the dual purpose bays. The council disclosed some information that it had initially sought to withhold however it continued to withhold some legal advice using section 42(1) of the Freedom of Information Act 2000 (‘the FOIA’), the exemption relating to legal professional privilege. The council also cited the equivalent exception under regulation 12(5)(b) of the Environmental Information Regulations 2004 (‘the EIR’). The complainant alleged that this information had been incorrectly withheld and that the council held more relevant information. The Commissioner’s decision is that the council held some additional information and he therefore finds a breach of section 1(1) and 10(1) for the failure to supply this within 20 working days. However, this has now been provided and on the balance of probabilities, the Commissioner accepts that no further information was held. The Commissioner also considers that the council correctly withheld some legal advice using the exemption under section 42(1) of the FOIA. The Commissioner does not require any steps to be taken.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 42 – Complaint Not upheld
[2013] UKICO FS50465528
Bailii
England and Wales
Information
Updated: 06 December 2021; Ref: scu.528290