Information Commissioner's Office

Poole Borough Council

7 June 2016, Local government (Borough council)

The complainant has requested information on behalf of a client, relating to the development of a neighbouring private property. Borough of Poole (“the Council”) disclosed some information but withheld the remainder citing the non-disclosure exceptions at regulation 12(4)(e) (internal communications), and 12(5)(b) (course of justice). The Commissioner’s decision is that the Council was not entitled to rely upon the exceptions at regulation 12(4)(e) and 12(5)(b) to withhold information. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation. Disclose to the complainant the documents withheld under regulation 12(4)(e) and 12(5)(b) (that is, documents 15, 19, 31, 32, 34, 42, 43, 44, 45, 54, 57 and 58), taking care to redact any personal data the disclosure of which would breach the Data Protection Act 1998.

EIR 12(4)(e): Upheld EIR 12(5)(b): Upheld