Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Bath and North East Somerset Council (Local government) [2018] UKICO fs50738671 (21 November 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50738671.html
Cite as: [2018] UKICO fs50738671

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Bath and North East Somerset Council

The complainant has requested information about the legal advice sought and received on a planning application to modify a waste storage site at the University of Bath.  The Council refused to provide the information on the basis it attracted legal professional privilege (LPP) and made reference to section 42 of the FOIA and regulation 12(5)(b) of the EIR.  The complainant then amended his request to ask only for the question posed by the Council when seeking the legal advice, rather than the advice itself.  The Council maintained its position on the amended request, and considered that the public interest in preserving the confidentiality of LPP outweighed the public interest in disclosing the information. The Commissioner’s decision is that Bath and North East Somerset Council has correctly applied regulation 12(5)(b) to the information request, and that the public interest in maintaining the exception outweighs the public interest in disclosure. The Commissioner does not require the Council to take any steps.

EIR 12(5)(b): Complaint not upheld

Decision notice: fs50738671