Mr Christopher McKnight requested a copy of legal advice received by North Lanarkshire Council (the Council) in relation to the implementation of a new pay and grading structure for staff. The Council refused his request, on the grounds that the information was exempt from disclosure under section 36(1) of FOISA. Following a review, Mr McKnight remained dissatisfied and applied to the Commissioner for a decision.
After investigation, the Commissioner found that the Council had dealt with Mr McKnight’s request for information in accordance with Part 1 of FOISA, by relying on section 36(1) to withhold the information. The Commissioner accepted that there were valid reasons why disclosure would serve the public interest, but found that these were outweighed by the greater public interest in preserving the confidentiality of the communication between the Council and its legal advisor. He did not require the Council to take any action.
Citations:
[2008] ScotIC 112 – 2008
Links:
Jurisdiction:
Scotland
Information
Updated: 03 April 2022; Ref: scu.434209