The complainant has requested information about diminishing leasehold terms relating to property. Northern Ireland Housing Executive (‘NIHE’) refused to provide the requested information, citing section 36(2) of FOIA, the exemption for prejudice to effective conduct of public affairs, for some parts and section 42(1), the exemption for legal professional privilege, for the remainder. A small part of the information has been withheld under both exemptions. The Commissioner’s decision is that NIHE has correctly applied sections 36(2)(b)(i) and 36(2)(b)(ii), cited for the majority of the withheld information. She also finds that NIHE properly relied on section 42(1) for the remainder of the withheld information and that the balance of the public interest favours maintaining both sections 36 and 42. She does not require NIHE to take any steps as a result of this notice.
FOI 42: Complaint not upheld FOI 36: Complaint not upheld
Citations:
[2021] UKICO IC-60700
Links:
Jurisdiction:
England and Wales
Information
Updated: 04 November 2022; Ref: scu.669453