Parliamentary and Health Service Ombudsman

The complainant has requested particular internal guidance from the Parliamentary and Health Service Ombudsman (PHSO). PHSO advised that it does not hold the internal guidance requested but holds relevant legal advice. PHSO’s position is that the legal advice is exempt from disclosure under section 42(1) of the FOIA (legal professional privilege) and that the public interest favours maintaining this exemption. The Commissioner’s decision is as follows: The information that PHSO holds that falls within the scope of the complainant’s request is exempt from disclosure under section 42(1) of the FOIA. The public interest favours maintaining the exemption. The Commissioner does not require the PHSO to take any remedial steps. Information Tribunal appeal EA/2020/0276 allowed.