Bassetlaw District Council (Local government) [2020] UKICO fs50917051 (18 June 2020)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Bassetlaw District Council (Local government) [2020] UKICO fs50917051 (18 June 2020)
URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50917051.html
Cite as: [2020] UKICO fs50917051

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Bassetlaw District Council

The complainant has requested legal advice relating to planning permission for a specific development.  Bassetlaw District Council refused the request, citing the exemption for legal professional privilege – section 42 of the FOIA.  The public authority subsequently reconsidered the request under the EIR and applied the exception for the course of justice (regulation 12(5)(b)) to withhold the same information.  The Commissioner’s decision is that Bassetlaw District Council wrongly handled the request under the FOIA and breached regulation 5(1) and regulation 14(1) of the EIR but that it correctly withheld the requested information under regulation 12(5)(b). The Commissioner does not require the public authority to take any steps.

EIR 12(5)(b): Complaint not upheld EIR 5(1): Complaint upheld EIR 14(1): Complaint upheld

Decision notice: fs50917051

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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50917051.html