Information Commissioner's Office

Summary: The complainant requested copies of instructions and legal opinions relating to a proposal to hold a musical event on Blackheath Common and information relating to the circumstances in which the decision to obtain a second opinion was taken. The London Borough of Lewisham (the -�council-�) confirmed that it did not hold any information relating to the circumstances in which the decision to seek a second opinion was taken. It refused to provide the requested instructions and opinions because it considered that these were subject to legal professional privilege and were exempt under section 42(1) of the FOIA. The Commissioner-�s decision is that the council has correctly applied section 42(1) of the FOIA to withhold the legal instructions and advice identified in the request. In providing information relating to the circumstances in which a second opinion was sought outside the statutory 20 working days, the council breached section 10(1) of the FOIA. The Commissioner does not require the public authority to take any steps. Information Tribunal appeal number EA/2012/0102 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 42 - Complaint Not upheld