Haringey London Borough Council (Local government) [2022] UKICO 98078 (25 May 2022)
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Haringey London Borough Council
The complainant has requested information about the sale of a residential property. Haringey London Borough Council (‘the Council’) disclosed some relevant information and withheld the remainder under section 40(2) (personal data), section 42(1) (legal professional privilege) and section 43(2) (commercial interests) of FOIA. The Council subsequently revised its position. It has withdrawn its reliance on section 43(2) and confirmed it is also relying on section 41(1) (information provided in confidence) with regard to some of the information it is withholding. The Commissioner’s decision is as follows: Some of the requested information is exempt from disclosure under both section 41(1) and section 42(1) of FOIA. The Council is entitled to withhold the majority of the remaining information under section 42(1) of FOIA as it attracts legal professional privilege. The public interest favours maintaining this exemption. The Council had already disclosed to the complainant particular Council minutes which it then sought to withhold under section 42(1). It also incorrectly applied section 41(1) and section 42(1) to a Land Registry document that was already in the public domain and so was exempt under section 21(1).The Council breached section 17(1) of FOIA as its refusal of the request was not adequate. The Commissioner does not require the Council to take any remedial steps.
FOI 42:
Complaint partly upheld
FOI 17:
Complaint upheld
FOI 41:
Complaint partly upheld
Decision notice: 98078
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URL: http://www.bailii.org/uk/cases/UKICO/2022/98078.html
