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Decision Summary

  • Case Ref: FS50263148
  • Date: 2 December 2009
  • Public Authority: Bolton Council
  • Summary: On 18 May 2009 the complainant submitted a Freedom of Information request to Bolton Council (the ‘council’) for a copy of the legal advice documents it received in 2007 regarding its current parking regulations. Certain sections of this advice had been discussed at a public meeting. The council concluded that legal privilege had been waived in relation to these sections, and therefore disclosed them to the complainant. However, the council claimed that the rest of the legal advice was exempt from disclosure under section 42 of the Freedom of Information Act. At internal review, the council upheld its refusal to supply the withheld information on the basis of section 42(1). The Commissioner considers that the council was correct to cite section 42(1) and that the public interest favours maintaining the exemption.
  • View PDF of Decision Notice: [1]