Elmbridge Borough Council
- Date 11 September 2020
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld
The complainant has requested from Elmbridge Borough Council information in relation to legal advice that the Council received from external counsel. The Council confirmed that it held the information requested, however, it decided to withhold it citing regulation 12(5)(b) of the EIR. The Council stated that the withheld information was covered by Legal Professional Privilege (LPP).
The Commissioner’s decision is that the Council correctly withheld the information under the exception at regulation 12(5)(b) of the EIR – adversely affects the course of justice – and that the balance of the public interest favours the exception being maintained.
The Commissioner does not require the Council to take any steps to comply with this decision notice.