The complainant has requested information concerning the findings of a review carried out by external solicitors into the handling of an employment matter by Thanet District Council. The Council provided the complainant with some of the information requested but withheld some of the information within scope of the request under Section 42 (legal professional privilege) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that Thanet District Council correctly applied section 42 to the withheld information and that the balance of the public interest test supports maintaining the exemption. However, the Commissioner has found that the Council breached section 1(1) of the FOIA in that they failed to identify some information within the scope of the request. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation: – Disclose to the complainant the name of the other firm of solicitors instructed and how much money the Council paid for that legal advice. – Disclose to the complainant the names and job titles of Council employees who have been provided with a copy of the legal advice from this other firm of solicitors, and the names of elected members who have been provided with a copy of the same. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 42(1): Complaint not upheld
Citations:
[2021] UKICO IC-48541
Links:
Jurisdiction:
England and Wales
Information
Updated: 23 October 2022; Ref: scu.665961