16 October 2017, Local government (City council)
The complainant has requested information in respect of legal advice that Newport City Council had provided to one of the primary school’s within its boundaries. The Council refused to provide the information by citing section 42 of the FOIA. The Commissioner’s decision is that Newport County Council was not entitled to rely on section 42 of the FOIA to withhold the requested information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Issue a fresh response to the complaint which does not rely on section 42 of the FOIA.
FOI 42: Upheld