ABERDEEN CITY COUNCIL

Freedom of Information (Scotland) Act 2002 - (FOISA)

Refusal Notice

Dear Mr Glennie,

ENQ8673 - Legal Advice - Increments

Aberdeen City Council (ACC) writes to confirm that it received your request for information under Section 1(1) of the FOISA on 10 May 2010, and confirms that it holds the information requested therein.

ACC has considered your request for the specific information requested, and is of the opinion that the undernoted exemptions apply to the information requested:-

Exemptions:

Section 36(1) - Information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings

Section 30(b)(ii) - Prejudice to the effective conduct of public affairs

ACC is of the opinion that these exemptions apply to the information requested because it forms legal advice obtained by ACC; and because disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs.

The exemptions claimed by ACC are non-absolute exemptions. Where a non-absolute exemption applies, ACC is required by Section 16(2) of the FOISA, to inform you as to why in all the circumstances of the case, the public interest in maintaining this exemption outweighs the public interest in disclosing this information to you.

ACC is of the opinion that it would be harmful to the public interest if the Council could not obtain and freely and frankly discuss legal advice in confidence.

Please be advised that an applicant who is dissatisfied with the way in which Aberdeen City Council has dealt with his/her request for information under section 1(1) of the FOISA, by virtue of section 20 of the FOISA, may require Aberdeen City Council to review its actions and/or decisions in relation to that request. Details of Aberdeen City Council's complaints procedure under the FOISA is set out in the “Further Information” section of the covering email.

Yours sincerely,

Jean Reid

FOI Compliance Assistant