London Borough of Lewisham
- Date 27 February 2023
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 14.1: Upheld, EIR 5.2: Upheld
The complainant requested legal advice relating to an application for the designation of a Neighbourhood Area and Neighbourhood Forum in the Bell Green area. The London Borough of Lewisham (the “council”) disclosed some information and withheld legal advice under the exemption for legal professional privilege (section 42 of the FOIA). The council subsequently 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 wrongly handled the request under the FOIA and breached regulation 5(2) and regulation 14(1) but that it is entitled to rely on regulation 12(5)(b) of the EIR to refuse to provide the requested information. The Commissioner does not require the council to take any steps.