Kirklees Metropolitan Council
- Date 10 January 2020
- Sector Local government
- Decision(s) FOI 10(1): Upheld, FOI 40(2): Not upheld, FOI 41: Not upheld, FOI 42: Not upheld
The complainant has requested information relating to a building dispute which occurred between a school and a building company in 2015. The council refused to disclose some information on the basis that section 40(2) of the Act applied (personal data), section 32 (court records) and section 42 (legal professional privilege). During the course of the Commissioner’s investigation the council also applied section 41 in place of its application of section 32. The Commissioner’s decision is that the council was correct to apply section 40(2), section 41, and section 42 to withhold information. She has also decided that on a balance of probabilities no further information is held by the council. She has, however, decided that the council did not comply with section 10(1) of the Act. The Commissioner does not require the council to take any steps. Information Tribunal appeal EA/2020/0066 dismissed.