British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Kings Lynn and West Norfolk Borough Council (Local government) [2023] UKICO 219616 (13 April 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/219616.html
Cite as: [2023] UKICO 219616
[New search] [Printable PDF version] [Help]
Kings Lynn and West Norfolk Borough Council
The complainant requested a copy of legal advice King’s Lynn and West Norfolk Borough Council (the “council”) intended to obtain in relation to the diversion of a public footpath. The council refused the request, citing section 42 (legal professional privilege) of the Freedom of Information Act 2000 (“FOIA”). The Commissioner’s decision is that, at the time of the request, the council did not hold the information specified by the complainant; therefore it is entitled to rely on regulation 12(4)(a) of the EIR (information not held) as its basis for refusing the request. However, as the council failed to issue its refusal notice within 20 working days, and also incorrectly considered the request under the FOIA rather than the EIR, the Commissioner has found a breach of regulation 14(2) and 14(3) of the EIR respectively.EIR 12(4)(a): Complaint not upheld EIR 14(3): Complaint upheld EIR 14(2): Complaint upheld
Decision notice: 219616