Your Ref:
Our Ref: FOI/170888 APPEAL /
Ms Jenny Griffin
Email: / Date:12 December 2011
Dear Ms Griffin
Freedom of Information request 170888APPEAL
I am writing to you about your request for a review of a Freedom of Information 2000 (FOIA) response dated 18 November 2011 and your original information request made on 22 October 2011.
Your request has been assigned to me to investigate and review and the result of my review is contained in this letter.
I have investigated the Council’s response made to you on 18 November 2011.
The information you requestedwas as follows:
- When was the legal claim first communicated by BT to LCC?
- Please provide copies of all correspondence related to this claim. Given that some of this correspondence will be subject to legal privilege, I would expect to see some redaction of content. Nevertheless, it is in the public interest to understand the depth to which this matter was investigated and contested by LCC, and a sequence of letters and emails - albeit with some redaction - would provide such an indication
For the purposes of clarity I will be conducting our internal review based on the following which was emailed to the City Council on the 18 November 2011 and, whilst the City Council acknowledges the further information you provided by way of this correspondence, only the following paragraph can be considered for the purposes of any internal review.
- LPP can be waived by the client. The client, in this case, is LCC - so it is within your power to waive LPP. I see no reason not to do so, particularly as my FOI request made clear that redaction of sensitive material would be accepted
The response implies that the only legal opinion sought was external, and provided orally. It is claimed that no written records were kept. This is so at odds with custom and practice in local government that I believe it would be appropriate to challenge its accuracy
Could I also ask whether internal legal opinion was sought? You say that the only legal advice was external and provided orally, hence no written record.
Our original response stated that wewere unable to provide information is we considered the information exempt from release under section 42 of the Freedom of Information Act 2000 and conducted a test of public interest in accordance with the piece of legislation being a qualified exemption.
In order to confirm the validity of the information we originally provided I have re-contacted and liaised with all of the relevant members of the City Council who were involved in the drafting of your response and, accordingly can confirm the following.
Whilst Section 42 can be waived the City Council feels that it has already provided evidence that the waiving of this exemption would not be in the public interest.
Confirmation was supplied in our original response that no permission has been granted for the information requested to be released and the City Council has also stated that the exemption is applicable as the advice is still live and being relied upon.
Consequently the City Council upholds its decision to provide the response it did.
However, a further element of your internal review contained a further request for information. Although the City Council would usually advise requestors to submit requests formally, in this instance, the City Council can respond that internal legal opinion was sought and provided verbally.
As I have now reviewed your original response, you have exhausted the Council’s appeals process for the purposes of this request. Accordingly, should you remain dissatisfied, please contact The Information Commissioner’s Office, via the following:
Website is and the postal address and telephone numbers are:-
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow, Cheshire
SK9 5AF
Fax number 01625 524 510
Telephone 01625 545745
Email – (they advise that their email is not secure)
Yours sincerely
Mr Kevin Symm
Senior Information Officer
Information Team, Legal Services Municipal Buildings Dale Street
Liverpool L2 2DH
Telephone 0151 225 3132 Fax 0151 225 2392