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You are here: BAILII >> Databases >> Information Commissioner's Office >> Cumbria County Council (Decision Notice) [2013] UKICO FER0479456 (09 May 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FER0479456.html
Cite as: [2013] UKICO FER0479456, [2013] UKICO FER479456
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Cumbria County Council (Decision Notice) [2013] UKICO FER0479456 (09 May 2013)
Summary: The complainant has requested information which was considered by Cumbria County Council-™s (the council) legal advisor in preparing the council-™s Acknowledgment of Service to the legal proceedings he had brought against the council in relation to the citing of a market. The council initially withheld the information as it considered that it was subject to legal professional privilege, and was therefore excepted from disclosure under regulation 12(5)(b). However, during the course of the Commissioner-™s investigation, it determined that only a small amount of information fell within the scope of the request and this was disclosed to the complainant. The Commissioner-™s decision is that the council has made available all the information falling within the scope of the complainant-™s request in accordance with regulation 5(1). However, he finds that the council-™s response to the request was provided outside the prescribed 20 working days, and he has therefore recorded a breach of regulation 5(2). The Commissioner does not require the council to take any steps.
Section of Act/EIR & Finding: EIR 5 - Complaint Not upheld, EIR 5 - Complaint Upheld