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You are here: BAILII >> Databases >> Information Commissioner's Office >> Hastings Borough Council (Decision Notice) [2011] UKICO FER0354042 (15 June 2011) URL: http://www.bailii.org/uk/cases/UKICO/2011/FER0354042.html Cite as: [2011] UKICO FER354042, [2011] UKICO FER0354042 |
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Summary: The complainant submitted a request to Hastings Borough Council (-˜the Council-™) for a legal opinion regarding a planning application. The public authority stated that no formal -˜report-™ was held, and withheld an email summarising the legal advice received under section 42 of the Freedom of Information Act. During the course of the investigation, the Council reconsidered the request under the EIR and withheld the report under the exception at regulation 12(5)(b). The Commissioner has concluded that the Council does not hold any further information within the scope of the request and in particular does not hold a formal -˜report-™ of legal advice. He has also found that the Council correctly withheld the email under regulation 12(5)(b). However, the Council has breached regulation 14(3)(a) by failing to cite the specific exceptions it relied upon in withholding information. The Commissioner does not require the Council to take any further action.
Section of Act/EIR & Finding: EIR 12.4.a - Complaint Not upheld, EIR 12.5.b - Complaint Not upheld, EIR 14 - Complaint Upheld