Please ask for
25th October 2021
Dear Mark House Freedom of Information Act 2000
Your request for information has been considered by Warwickshire County Council
under the Freedom of Information Act 2000.
I can confirm that some of the information you have requested is held by Warwickshire
County Council. However, please be advised we are unable to provide all of the
information you have requested.
This is because some of the information you have requested is not held by
Warwickshire County Council.
Also, we consider that some of the information is exempt under Section 40 (Personal
information) of the Freedom of Information Act 2000, and some under Section 42 (Legal
professional privilege) of the Freedom of Information Act 2000.
Please see below for further details and explanation.
You asked us: Please could you inform me of the legal, redundancy and associated closure
costs in relation to Marle Hall.
Can this be broken down in part to show advise taken on FIO's or by councillors
in response to correspondences with residents.
The Council has not instructed any external solicitors in relation to the closure of the
Marle Hall. The Council has inhouse solicitors and there is an internal billing rate to
record the amount of time spent by lawyers in advising the Council which is moved from
the relevant service area's budget to the budget of Legal Services. However, we cannot
provide you with the amounts of time or internal charge in relation to the closure of
Marle Hall because it is exempt under section 42 of the FOIA (legal professional
Legal professional privilege protects confidential communications between lawyers
(including inhouse lawyers) and clients (including the Council). Revealing the amount of
time spent advising on Freedom of Information Act requests or on matters related to the
closure of Marle Hall would reveal the subject of a confidential communication between
a lawyer and client. Accordingly, internal legal costs are exempt from disclosure under
section 42 of the FOIA.
We cannot provide you with the estimated redundancy costs in relation to the closure of
Marle Hall because this information is exempt from disclosure under section 40(2) of the
FOIA (protection of third party personal data).
Section 40(2) exempts information where complying with the request would breach any
of the principles in the UK GDPR. 'Personal data' means any information relating to an
identified or identifiable living individual. There is only a small pool of permanent staff
members employed at Marle Hall so we consider that they are identifiable individuals.
Disclosing the amount of the redundancy costs estimated to be payable to those staff
members would not be fair to the individuals concerned.
We have considered whether we could disclose the total estimated amount rather than
breaking it down into the estimated amount for each individual staff member. However,
we have concluded that with only 8 members of staff, revealing the total figure would
give an indication of the range of the estimated redundancy payment for each
individual. Accordingly, disclosure of the information would contravene Article 5(1)(a)
of the UK General Data Protection Regulation in that there is no lawful or fair basis for
processing the information. This information is therefore exempt from disclosure under
section 40(2) of the FOIA.
Associated closure costs
There may be external costs that arise in future in relation to the closure of Marle Hall,
such as property maintenance and security. These have not yet arisen and so do not
fall within the scope of your request. You may like to repeat this request after a
reasonable period has elapsed.
If you are dissatisfied with the handling of your request, you have the right to ask for an
internal review. Internal review requests should be submitted within 40 days of the date
of receipt of the response to your original letter and should be addressed to:
If you are not content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at:
The Information Commissioner's Office
Phone: 0303 123 1113 Website: www.ico.gov.uk
I will now close your request as of this date.
Information Rights Officer