Poole Borough Council

The complainant submitted two requests for information (“request 1” and “request 2”) relating to the sale of the former Hamworthy First School site in Hamworthy. The council provided some of the requested information but refused to provide other information, citing the exemptions for legal professional privilege, information provided in confidence and personal data. The Commissioner’s decision is that, in relation to request 1, the council has failed to demonstrate that the exemptions for information provided in confidence and commercial interests are engaged but that it has correctly applied the exemption for legal professional privilege. The Commissioner has also decided that, in the case of both requests, the council failed to respond within the time for compliance. The Commissioner requires the public authority to disclose the information withheld under the exemptions for information provided in confidence (section 41) and commercial interests (section 43(2)).