The complainant submitted a request to Westminster City Council (the Council) seeking information about the judicial review of the Cycle Superhighway CS11. The Council disclosed some information but sought to withhold the remainder of the information on the basis of section 42(1) (legal professional privilege) of FOIA. The Council subsequently accepted that the request should have been considered under the EIR and sought to withhold the information under regulation 12(4)(e) (internal communications), regulation 12(5)(b) (course of justice) and 13 (personal data). The complainant sought to challenge the Council’s reliance on regulations 12(4)(e) and 12(5)(b). The Commissioner has concluded that some of the withheld information is exempt from disclosure on the basis of regulation 12(5)(b) and that in all the circumstances of the case the public interest favours withholding this information. She has also concluded that some of the withheld information is exempt from disclosure on the basis of regulation 12(4)(e) but that the public interest in maintaining this exception does not outweigh the public interest in disclosing the information. The Commissioner has also concluded that the Council breached regulation 11(4) by failing to complete its internal review within 40 working days.
EIR 11(4): Complaint upheld EIR 12(5)(b): Complaint not upheld EIR 12(4)(e): Complaint upheld
Citations:
[2019] UKICO fs50832725
Links:
Jurisdiction:
England and Wales
Information
Updated: 20 November 2022; Ref: scu.650479