North East Lincolnshire Council

The complainant has requested information from North East Lincolnshire Council (“the council”). The council withheld the information on the basis that it was subject to legal professional privilege, and was therefore exempt under section 42(1) of the Freedom of Information Act (“the FOIA”). The Commissioner’s decision is that the council has correctly applied section 42(1) to part of the withheld information, but that the remainder is not subject to legal professional privilege and cannot be withheld on that basis. The Commissioner requires the council to take the following step: Disclose the ‘Delegated Powers report’ (with the exception of the part 7, which the Commissioner has found to be exempt under section 42(1)), issue a fresh response to the complainant’s request.