Department for Levelling Up, Housing and Communities
- Date 11 May 2022
- Sector Central government
- Decision(s) FOI 36: Upheld, FOI 42: Upheld
The complainant requested information relating to Accounting Officer Advice regarding the selection of towns for the Towns Fund. The Department for Levelling Up, Housing and Communities (DLUHC) confirmed it held relevant information but refused to disclose it, citing sections 36 (prejudice to effective conduct of public affairs) and 42 (legal professional privilege) of FOIA. The Commissioner’s decision is that the DLUHC has failed to demonstrate that either section 36 or 42 applies. The Commissioner requires the DLUHC to take the following step to ensure compliance with the legislation: disclose the withheld information to the complainant. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0143 & 0144 appeal allowed in part.