Epsom and Ewell Borough Council
- Date 13 November 2024
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 14.2: Upheld, EIR 5.2: Upheld
The complainant requested legal advice relating to decisions about the Green Belt. Epsom & Ewell Borough Council (the “Council”) disclosed some information and withheld other 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, confirming that some information was not held and that some information was being withheld under the exception for the course of justice (regulation 12(5)(b)).
The Commissioner’s decision is that the Council correctly withheld the requested legal advice under regulation 12(5)(b) but failed to provide a response and a refusal notice in time and breached regulation 5(2) and regulation 14(2). The Commissioner does not require further steps.