Dear Sir or Madam,
This FOI requests concerns the final report by BDO Stoy Hayward LLP for HEFCE on BDO's independent audit of student records at London Metropolitan University.
In the response to a previous Freedom of Information request made to you for that report, you wrote:
"Please note that London Metropolitan University and/or certain of its governors/senior staff have advised that they consider part of this report to be defamatory and have indicated that they would be prepared to seek legal redress."
Please may I have:
a) The names of the bodies and or individuals who have so advised HEFCE.
b) A description of which sections/parts/paragraphs of the report contain the potentially defamatory material (avoiding further potential defamation by not actually quoting the material).
c) All records concerning the defamatory nature of the report.
According to the ICO guidance for Section 42 of FOIA, legal professional privilege "covers communications between lawyers and their clients for the purpose of obtaining legal dvice, or documents created by or for lawyers for the 'dominant' main purpose of litigation."
Therefore section 42 does not apply if the "governors/senior staff" are not lawyers.
Thank you for your request for information under the Freedom of Information Act 2000. We will respond to your request as soon as possible and no later than 20 working days as required by the Act.
Higher Education Funding Council for England (HEFCE)
Tel: 0117 931 7220
Dear Mr Irving
Please see attached letter regarding your request for information under the Freedom of Information Act (FOIA) 2000.
Information Rights Manager
Higher Education Funding Council for England
Northavon House, Coldharbour Lane,
Bristol, BS16 1QD
email: [email address]