Tandridge District Council

The complainant requested advice provided to the senior officers of Tandridge District Council by the chief executive of another nearby local authority, together with supporting documentation. Tandridge District Council refused the request relying on the section 36 (prejudice to the effective conduct of public affairs) and section 42 (legal professional privilege) FOIA exemptions. During the Commissioner’s investigation, Tandridge District Council disclosed some of the requested information but continued to withhold part of it. The Commissioner was satisfied that section 36(2) FOIA is engaged in respect of all of the information still being withheld and that the balance of the public interest favoured maintaining the exemption. The Commissioner did not require Tandridge District Council to take any action. This decision notice is currently under appeal to the Tribunal.