Warwick District Council
- Date 22 November 2022
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 14.3: Upheld
The complainant requested legal advice relating to Temporary Event Notices (TENs). Warwick District Council (the “council”) withheld the information under the exemption for legal professional privilege (section 42 of the FOIA). During the Commissioner’s investigation the council reconsidered the request under the EIR and withheld the information under the exception for the course of justice (regulation 12(5)(b)). The Commissioner’s decision is that the council correctly withheld the information under regulation 12(5)(b) but that in initially handling the request under the FOIA it breached regulation 14(3) by failing to issue a valid EIR refusal notice. The Commissioner does not require the council to take any steps.