Summary: The complainant has requested legal advice which Warwick District Council (the -council-) received in relation to the collection of 2 rents from the Racing Club. The council refused the request, citing the exemptions for prejudice to effective conduct of public affairs and legal professional privilege. The Commissioner-s decision is that by failing to issue a response or a refusal notice within the statutory time limit the council breached section 10 and section 17(1) of the FOIA. The Commissioner also finds that the council has correctly applied section 42(1) of the FOIA to the withheld information and that the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any steps.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 42 - Complaint Not upheld