Sunderland City Council
- Date 9 January 2019
- Sector Local government
- Decision(s) EIR 12(5): Not upheld
The complainant has requested a copy of a highway report (“the Report”) from Sunderland City Council (“the Council”). The Council refused to provide it on the basis that it was exempt from disclosure under section 42(1) (legal professional privilege) of the FOIA. During the Commissioner’s investigation it revised its position, saying that it should have additionally relied on the exception contained in regulation 12(5)(b) (the course of justice) of the EIR.
The Commissioner’s decision is that the Council was entitled to rely on section 12(5)(b) of the EIR to withhold the requested information. No steps are required.