Beccles Town Council (Local government) [2020] UKICO fs50846273 (3 April 2020)
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Beccles Town Council
The complainant requested from Beccles Town Council (the Council) information regarding the legal advice relating to parking on Beccles Common. The Council refused the request under section 42(1) (legal professional privilege) of the FOIA. During the Commissioner’s investigation the Council reconsidered the request under the EIR and applied the exceptions for material in the course of completion (regulation 12(4)(d)), the course of justice (regulation 12(5)(b)) and protection of the environment (regulation 12(5)(g)) to withhold the information. The Commissioner finds that the Council initially handled the request incorrectly under the FOIA and in so doing breached regulation 5(1) and regulation 14(1) of the EIR. The Commissioner’s decision is that the Council correctly applied regulation 12(5)(b) (course of justice) to the withheld information. Therefore, the Commissioner does not require the Council to take any steps as a result of this decision.
EIR 12(5)(b):
Complaint not upheld
EIR 5(1):
Complaint upheld
EIR 14(1):
Complaint upheld
Decision notice: fs50846273
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50846273.html
