- Requested on
- Mon 25th February, 2013
- FOI 2739
- Information provided
Under FOI/EIR I would be obliged if you provide me with:
Copies of all advices and enclosures the Council has received from the LGA since 2005 where they have not been disclosed to the public or have previously been refused access under the FOI/EIR on the basis that legal professional privilege arose. For ease of reference S42 FOI is reproduced in the appendix below
All records to show how you have considered that legal professional privilege pertains to correspondence between the Council and the LGA
All records to show the process whereby you have decided to respond to FOI/ EIR requests after seeking advice/ template replies from the LGA
The Council will hold correspondence, advice and other information it has been sent by the LGA since 2005 but this is not stored or retained centrally. The Council will also have no means of knowing what actions the LGA or other authorities have done in respect of disclosing or publishing information. The information requested is therefore not held in a manner which enables the aggregated data you request to be collated easily and the time required to locate and retrieve information regarding all advices and enclosures the Council has received from the LGA since 2005 would exceed the appropriate limit for dealing with requests set out in section 12 of the Act and the Appropriate Limit and Fees Regulations.
The Council would normally wish to offer suggestions as to how some of the information could be provided or how a differently worded request could result in information being provided within the terms of the Act and the Regulations. However due to the ways in which the information requested is held by the Council this does not appear possible in this case.
In terms of responding to FOI and EIR requests the Council is able to search its records for those requests which contained the words "LGA" or "Local Government Association" in the request. Of those 12 requests the Council applied exemptions in 3 cases. In all 3 cases the Council relied on the exemptions provided by both section 41 (information provided in confidence) and section 42 (legal professional privilege). The Council came to its own conclusions in respect of these matters and did not rely on advice or template replies to do so.