Information Commissioner's Office

Croydon London Borough Council

21 June 2017, Local government (Borough council)

The complainant requested information from the London Borough of Croydon (the council) relating to its review and decision to suspend work under a contract for provision of legal services by Baker Small solicitors. The council refused the complainant’s request, citing the exemptions under sections 36(2)(b)(i) (free and frank provision of advice), 36(2)(b)(ii) (free and frank provision of views for deliberation), 41 (information provided in confidence), 42 (legal professional privilege) and 43(2) (commercial interests) of the FOIA. The Commissioner’s decision is that the council has applied sections 36(2)(b)(i) and (ii) correctly in relation to all information to which these sections were applied, and to some, but not all, of the information to which sections 41 and 42 were applied. The council has applied section 43(2) correctly. The Commissioner requires the council to take the following steps to ensure compliance with the legislation: To disclose to the complainant the emails dated 1 July 2017 at 5:31pm and 21 June 2017 at 10:57am, previously withheld under section 42. The council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 36: Not upheld FOI 41: Partly upheld FOI 42: Partly upheld FOI 43: Not upheld