Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Kirklees Metropolitan Council (Local government) [2020] UKICO fs50850520 (10 January 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50850520.html
Cite as: [2020] UKICO fs50850520

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Kirklees Metropolitan Council

The complainant has requested information relating to a building dispute which occurred between a school and a building company in 2015. The council refused to disclose some information on the basis that section 40(2) of the Act applied (personal data), section 32 (court records) and section 42 (legal professional privilege). During the course of the Commissioner’s investigation the council also applied section 41 in place of its application of section 32. The Commissioner’s decision is that the council was correct to apply section 40(2), section 41, and section 42 to withhold information. She has also decided that on a balance of probabilities no further information is held by the council. She has, however, decided that the council did not comply with section 10(1) of the Act. The Commissioner does not require the council to take any steps. Information Tribunal appeal EA/2020/0066 under appeal.

FOI 42: Complaint not upheld FOI 40(2): Complaint not upheld FOI 41: Complaint not upheld FOI 10(1): Complaint upheld

Decision notice: fs50850520