East Devon District Council
- Date 23 January 2025
- Sector Local government
- Decision(s) EIR 12.5.b: Not upheld, EIR 14.1: Upheld
The complainant requested legal advice relating to housing land supply. East Devon 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 confirmed that it was withholding 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 it failed to issue a refusal notice under the EIR in time and breached regulation 14(1). The Commissioner does not require further steps.