Summary: The complainant requested information concerning the legal advice taken to direct overpayments at tolls to charitable organisations. The public authority explained the general nature of its advice but refused to disclose its actual advice by virtue of section 42(1) of the Act. It maintained its view at internal review. The Commissioner has considered the case in detail and has determined that the public authority had applied section 42(1) correctly in this case. He did however find a breach of section 10(1) because the public authority failed to provide a response to the request within 20 working days. It also breached section 17(1) by failing to issue a refusal notice within 20 working days of the request. He requires no remedial steps to be taken.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 42 - Complaint Not upheld