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You are here: BAILII >> Databases >> Information Commissioner's Office >> Woking Borough Council (Local government) [2024] UKICO 260016 (6 February 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/260016.html
Cite as: [2024] UKICO 260016
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Woking Borough Council
The complainant requested information held by Woking Borough Council (the council) about a “challenge” it had received to its proposal to adopt a draft Masterplan (which set out plans for the redevelopment of the town centre), and also the legal advice the council obtained following receipt of this “challenge”. The council refused the request, citing section 42 (legal professional privilege) of FOIA, but later confirmed to the Commissioner that if it was determined that the request was for environmental information, it considered that it would still be entitled to withhold all the information under regulation 12(5)(b) (course of justice) of the EIR. The Commissioner has decided that the EIR is the correct information access regime, but that the council is entitled to rely on regulation 12(5)(b) as its basis for withholding only part of the requested information. The Commissioner has also decided that the council is entitled to rely on regulation 13 of the EIR to withhold all third party personal information contained within that part of the requested information which he has found is not subject to the exception at regulation 12(5)(b). The Commissioner requires the council to disclose the information contained within the representation and attachment (the legal advice) it received from the third party, with the exception of all third party personal information, which should be redacted.EIR 13: Complaint not upheld EIR 12(5)(b): Complaint partly upheld
Decision notice: 260016