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You are here: BAILII >> Databases >> Information Commissioner's Office >> Stafford Borough Council (Local government) [2024] UKICO 312693 (27 November 2024) URL: https://www.bailii.org/uk/cases/UKICO/2024/312693_.html Cite as: [2024] UKICO 312693 |
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Link for IOC full Decision notice pdf file: Stafford Borough Council (Local government) [2024] UKICO 312693 (27 November 2024)
The complainant has requested information relating to a planning enforcement complaint she had made. Stafford Borough Council ("the Council") disclosed some information but withheld other information under section 42 of FOIA (the exemption for legal professional privilege). During the Commissioner's investigation, the Council reconsidered the request under the EIR and confirmed that some information which comprised legal advice was being withheld under regulation 12(5)(b) (the exception for the course of justice). The Commissioner's decision is that the Council was entitled to rely on regulation 12(5)(b) of the EIR to withhold the information. However, it failed to provide a response and a refusal notice within the time for compliance, which breached regulation 5(2) and regulation 14(2) of the EIR.