FS50190528: Difference between revisions

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{{DNSummaryBox
{{DNSummaryBox
|dn_ref=FS50190528
|dn_ref=FS50190528
|dn_date=30/11/2009
|dn_date=30 November 2009
|dn_pa=St. Helens Council
|dn_pa=St. Helens Council
|dn_summary=The complainant requested all material held by St Helens Council (the �Council�) relating to protected pay for Council employees. The Council provided a series of information to the complainant but withheld some information because it was protected by legal professional privilege. During the course of the Commissioner�s investigation the Council voluntarily disclosed further information to the complainant, but maintained that legal advice it had obtained was exempt from disclosure. The Commissioner�s decision is that Council was entitled to withhold the legal advice under section 42(1) and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Commissioner also finds that the Council breached section 17(1) (b) of the Act by failing to specify the exemption in its response to the request.
|dn_summary=The complainant requested all material held by St Helens Council (the ‘Council’) relating to protected pay for Council employees. The Council provided a series of information to the complainant but withheld some information because it was protected by legal professional privilege. During the course of the Commissioner’s investigation the Council voluntarily disclosed further information to the complainant, but maintained that legal advice it had obtained was exempt from disclosure. The Commissioner’s decision is that Council was entitled to withhold the legal advice under section 42(1) and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Commissioner also finds that the Council breached section 17(1) (b) of the Act by failing to specify the exemption in its response to the request.
|dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fs_50190528.pdf
|dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fs_50190528.pdf
}}
}}
{{DNDecision
{{DNDecision
|1=FOI 42
|dnd_section=FOI 17
|2=Not upheld
|dnd_finding=Upheld
}}
{{DNDecision
|dnd_section=FOI 42
|dnd_finding=Not upheld
}}
}}

Latest revision as of 23:37, 15 May 2010


Decision Summary

  • Case Ref: FS50190528
  • Date: 30 November 2009
  • Public Authority: St. Helens Council
  • Summary: The complainant requested all material held by St Helens Council (the ‘Council’) relating to protected pay for Council employees. The Council provided a series of information to the complainant but withheld some information because it was protected by legal professional privilege. During the course of the Commissioner’s investigation the Council voluntarily disclosed further information to the complainant, but maintained that legal advice it had obtained was exempt from disclosure. The Commissioner’s decision is that Council was entitled to withhold the legal advice under section 42(1) and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Commissioner also finds that the Council breached section 17(1) (b) of the Act by failing to specify the exemption in its response to the request.
  • View PDF of Decision Notice: [1]
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