Kirklees Metropolitan Council

The complainant has requested a copy of the legal advice held by Kirklees Council (the council) which formed the basis of an email sent to local residents about the repair of a collapsed churchyard wall. The council initially refused the request, citing regulation 12(5)(b). Following the intervention of the Commissioner, the council then provided some information to the complainant. However, the Commissioner has identified one further set of information that is relevant to the request which was not released by the council. It is her decision that the council is not entitled to rely on regulation 12(5)(b) in respect of this information. Furthermore, as the council failed to provide its internal review response within the statutory time period of 40 working days, it has breached regulation 11(4) of the EIR. The Commissioner requires the council to release the highlighted information set out within the Confidential Annex attached to this decision notice.