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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Work and Pensions (Decision Notice) [2013] UKICO FS50489761 (27 November 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50489761.html
Cite as: [2013] UKICO FS50489761
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Department for Work and Pensions (Decision Notice) [2013] UKICO FS50489761 (27 November 2013)
Summary: The complainant requested legal advice on the right of those attending a medical examination as part of the process for claiming benefits to make audio recordings of those examinations. The request was in two parts. The first sought the legal advice obtained for a particular appeal against a decision to refuse a claim and the second sought the legal advice referred to in a particular document. The Department for Work and Pensions (DWP) initially confirmed it held the advice in respect of both parts but refused to provide it under section 42 (legal professional privilege). The DWP also applied section 35 (formulation and development of government policy) to the legal advice captured by the second part of the request. During the Commissioner-™s investigation the DWP advised him that in fact it did not hold any legal advice relating to the appeal. However it maintained its reliance on sections 35 and 42 to withhold the information falling within the second part of the request. The Commissioner-™s decision is that the DWP is correct to state that it does not hold any advice relating to the particular appeal and that it is correct to withhold the other information under section 42. In light of this he has not gone onto consider the application of section 35. The Commissioner does not require the public authority to take any steps.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld