Information Commissioner's Office

Treasury Solicitors

9 March 2015, Central government

The complainant submitted a request to the Treasury Solicitor’s Department (TSol) for guidance it provided to other government departments in the event of freedom of information cases being appealed to the Information Commissioner’s Office or progressed beyond that stage. TSol explained that it held information falling within the scope of the request but refused to provide it on the basis of section 42(1) (legal professional privilege) and section 31(1)(c) (administration of justice) of FOIA. The Commissioner has decided that only parts of the withheld information are exempt from disclosure on the basis of section 31(1)(c), albeit that for such information the public interest favours maintaining this exception. The Commissioner has also decided that the remaining information contained in the document is not exempt from disclosure on the basis of section 42(1) of FOIA. The Commissioner requires the public authority provide the complainant with a redacted copy of the document ‘FOI Litigation: A Strategy’. The only redactions which can be made are to the parts of the document which the Commissioner accepts are exempt from disclosure on the basis of section 31(1)(c) of FOIA. Information Tribunal appeal EA/2015/0081 dismissed.

FOI 31: Partly upheld FOI 42: Upheld