Sandwell Metropolitan Borough Council

The complainant has requested information about a civil litigation case instituted The complainant has requested information about a civil litigation case instituted by a member of staff, against a third party, for which Sandwell Metropolitan Borough Council (SMBC) met the costs. SMBC disclosed some information. It said that the withheld information, a letter of complaint, was exempt under sections 40 (Personal information) and 42 (Legal Professional Privilege) of FOIA. It said it did not hold a copy of a legal opinion independently commissioned by external auditors. The Commissioner’s decision is that section 40(2) of FOIA was applied correctly to withhold the letter and that, on the balance of probabilities, SMBC does not hold the legal opinion provided to the external auditors.