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You are here: BAILII >> Databases >> Information Commissioner's Office >> Bournemouth, Christchurch and Poole Council (BCP) (Local government) [2025] UKICO 323846 (8 April 2025) URL: https://www.bailii.org/uk/cases/UKICO/2025/323846.html Cite as: [2025] UKICO 323846 |
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Link for IOC full Decision notice pdf file: Bournemouth, Christchurch and Poole Council (BCP) (Local government) [2025] UKICO 323846 (8 April 2025)
The complainant requested communications exchanged between Bournemouth, Christchurch and Poole Council (the council) and Cycling UK about matters concerning access routes into Poole Park. The council advised the complainant that it did not hold information falling within scope of the request, although it did confirm that it held email communications between its own legal team and a legal team acting on behalf of Cycling UK. The council said that it considered that this information would be exempt from disclosure under section 42 of FOIA (legal professional privilege). During the Commissioner's investigation, the council confirmed that it now considered the EIR to be the correct access regime. The council also said that it had now identified some communications sent directly between the council and Cycling UK which it would consider for potential disclosure to the complainant. The Commissioner is satisfied that an objective reading of the request does include communications held between the two legal teams. Whilst the Commissioner has decided that the council is entitled to rely on regulation 12(5)(b) of the EIR (course of justice) as its basis for withholding the information contained within all of the emails sent between the two legal teams, he has found that the council failed to identify and consider the information contained within attachments to these emails. As a result of the council's failure to correctly identify and consider all of the information held that falls within scope of the complainant's request, the Commissioner has found a breach of regulation 5 of the EIR. The Commissioner requires the council to either provide the complainant with a copy of the information the council has recently identified as communications directly between the council and Cycling UK, and the information contained within attachments to the emails, or issue a refusal notice that complies with the EIR.