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Decision Summary

  • Case Ref: FS50161898
  • Date: 21 December 2009
  • Public Authority: Department for Communities and Local Government
  • Summary: The complainant requested information held by DCLG about the legal advice obtained in relation to the Government decision to remove the 85 year rule from the Local Government Pension Scheme (LGPS). DCLG confirmed that it held certain information but that it was subject to legal professional privilege and was therefore exempt under section 42 of the Act, claiming that the public interest in maintaining the exemption outweighed the public interest in disclosing it. At a late stage in the investigation DCLG also claimed reliance on section 35. The Commissioner is satisfied that DCLG applied section 42 correctly to the withheld information in this case. The Commissioner has therefore not made a decision on the section 35 exemption. The Commissioner has also recorded a number of procedural breaches in relation to DCLG’s handling of the request.
  • View PDF of Decision Notice: [1]