London Borough of Brent

The complainant made two requests for various items information about a decision taken to prosecute his brother for littering. The London Borough of Brent provided some information and withheld some information which it said would attract legal advice privilege. It also stated that it did not hold some of the requested information. The Commissioner’s decision is that all the information that has been withheld is the complainant’s brother’s personal data. As the complainant has made the request on behalf of his brother, with his brother’s consent and knowledge, he was therefore standing in his brother’s shoes when making the request. As such the Commissioner has applied section 40(1) of the FOIA to prevent disclosure. She also finds that the London Borough holds no further information in respect of Request 1 and has thus complied with its section 1 duty in respect of that request. As the London Borough failed to discharge its section 1(1) duty in respect of either request within 20 working days, it breached section 10 of the FOIA in responding to both requests. As it failed to issue a refusal notice in respect of Request 2 within 20 working days, it also breached section 17 of the FOIA in responding to that request. The Commissioner does not require the London Borough to take any further steps. Information Tribunal appeal EA/2020/0012 dismissed.