North Yorkshire Council

The complainant requested information about the commissioning, cost and content of a legal opinion obtained by the former Ryedale District Council, whose functions have since transferred to North Yorkshire Council (the council). The council stated that it did not hold further information falling within the scope of part one of the request, that it did not hold information falling within the scope of part two of the request and that the information requested in part three was excepted from disclosure under regulation 12(5)(b) of the EIR (the course of justice). The Commissioner’s decision is that, on the balance of probabilities, the council does not hold further information falling within the scope of part one of the request and was therefore entitled to rely on regulation 12(4)(a) in relation to that part of the request. The Commissioner also finds that the council was entitled to rely on regulation 12(5)(b) to withhold the information requested in part three and that the public interest favours maintaining that exception. However, the Commissioner is not satisfied that the council has provided sufficient evidence to establish, on the balance of probabilities, that it does not hold information falling within the scope of part two of the request. The Commissioner requires the council to take the following steps to ensure compliance with the legislation:Carry out appropriate searches and enquiries for information falling within the scope of part two of the request, including searches of any locations where financial records relating to the payment may reasonably be expected to be held, and issue a fresh response to the complainant in accordance with the EIR. The public authority must take these steps within 30 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.