FREEDOM OF INFORMATION ACT 2000 (``the Act'')
Section 17
REFUSAL NOTICE
TO:
Mr Figg
OF:
by email [FOI #40117 email]
The Isle of Wight Council (``the Council'') refuse your request dated 27 July 2010 for the following information held by the Council:
Legal advice relating to the options presented to the Cabinet with respect to the Dog Control Orders discussed at the meeting on 13 April 2010.
The reasons for the Council's decision are as follows:
The information you have requested is considered to be covered by legal professional privilege, in that it consists of legal advice, and therefore benefits from an exemption under Section 42 of the Freedom of Information Act.
Legal professional privilege applies to communications between lawyers and their clients for the purpose of obtaining legal advice.
In considering the appropriate course of action, it is vital that council officers are able to seek advice from legal advisers in the knowledge that this information will be protected from the public eye. Advice needs to be given frankly and freely, in a confidential setting, to ensure that all options are considered and appropriate decisions are made.
The Council has considered the public interest test in this case, and is of the opinion that the public interest in maintaining the exemption outweighs the public interest in providing the information. The Council recognizes that there is a public interest in the disclosure of information to demonstrate openness and transparency in its decision making processes. However, the Council believes that the release of the information, at this stage, could adversely impact these processes.
Legal professional privilege benefits from an underlying assumption that communications between a legal adviser and their client will remain confidential. We do not believe that there is sufficient consideration in favour of release to counter the inbuilt public interest, in this case.
Signed: V Niemiec
Dated …10 August 2010….
IT IS IMPORTANT THAT YOU READ THE NOTES ATTACHED
NOTES
1.
If you are not satisfied with the handling of this request, you may wish to discuss the decision making process with the Officer who issued the Refusal Notice see contact details in the covering letter. If this does not assist and you do not believe that the Council has handled your request in accordance with the requirement of the Act, you may make a formal complaint through the Council's Appeals Procedure. Please write to the Corporate Information Unit, County Hall, High Street, Newport, IW, PO30 1UD, email: [email address], or apply on-line at hyperlink
2.
Once you have exhausted the Council's complaints procedure, you have a right under section50 of the Act, to apply to the Information Commissioner for a decision on whether the request has been dealt with in accordance with the Act. The Information Commissioner can be contacted at the following address:
Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Web site : hyperlink
