29 June 2017, Local government (County council)
The complainant requested a copy of the legal advice received by Durham County Council (“the council”) about whether it could insist a particular report was uploaded onto the internet. The council refused to provide the information using the exception under regulation 12(5)(b) of the Environmental Information Regulations 2004 (“the EIR”). This exception concerns prejudice to the course of justice. It said that the public interest did not favour disclosure. The complainant asked the Commissioner to decide whether the council had responded correctly. The Commissioner’s decision is that the exception was engaged and that the public interest did not favour disclosure. She does not require any steps to be taken.
EIR 12(5)(b): Not upheld