Fenland District Council
- Date 16 February 2012
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld
The complainant requested information in connection with a speech given by a councillor concerning planning policy. Fenland District Council (“the council”) provided some information and said that no other information was held apart from legal advice which had been withheld under section 42(1) of the Freedom of Information Act 2000 (“the FOIA”) because it was covered by legal professional privilege. The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (“the EIR”). He found that the legal advice was excepted under regulation 12(5)(b) and the public interest favoured maintaining the exception. He also found that no further information was held. The Commissioner does not require any steps to be taken.