Line to take - LTT17 - Investigation of the reasonable opinion of the qualified person
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- FOI/EIR: FOI
- Section/Regulation 36
- Issue: Investigation of the reasonable opinion of the qualified person
- Source: Internal discussion, Information Tribunal
- Details: Agreed by RT (08/09/2006) amendment agreed by GS (27/09/2007), Guardian & Brooke / BBC (8 January 2007), Mcintyre / MOD (4 February 2008), Home Office & MOJ (20 November 2008)
- Related Lines to Take: LTT21, LTT35, LTT118
- Related Documents: Awareness Guidance 25, EA/2006/0011 and EA/2006/0013 (Guardian & Brooke), EA/2007/0068 (Mcintyre), EA/2008/0006 (Home Office)
- Contact: LA
- Date: 03/02/2009
- Policy Reference: LTT17
- © Copyright Information Commissioner's Office, re-used with permission
- Original source linked from here: LTT
Line to take
Information can only be exempt by virtue of section 36 if, “in the reasonable opinion of a qualified person,” disclosure would or would be likely to lead to any of the adverse consequences identified in s.36 (2). In investigating cases involving s.36, case officers must:
- Ascertain who is the qualified person/s for that particular authority
- Establish that an opinion was given
- Ascertain when the opinion was given
- Consider whether the opinion given was reasonable in substance and reasonably arrived at