Kent County Council
- Date 18 October 2024
- Sector Local government
- Decision(s) EIR 11: Upheld, EIR 5: Upheld
The complainant requested information regarding highways rights in relation to a specific parking area. Kent County Council (the “Council”) disclosed some information and withheld other information under the exemption for legal professional privilege (section 42 of the FOIA). The Commissioner’s decision is that the request should have been handled under the Environmental Information Regulations 2004 (EIR) rather than the Freedom of Information Act 2000 (FOIA). The Commissioner also finds that the Council has breached regulation 11 by failing to issue an internal review within 40 working days. The Commissioner requires the Council to issue a fresh response to the request under the EIR.