Hampshire County Council

The complainant requested information held by Hampshire County Council (the council) about a shop and the collapse of its brick facade. The council advised the complainant that it required more time to consider the request, initially citing regulation 7 (extension of time) of the Environmental Information Regulations 2004 (EIR), then later section 10(3) of FOIA. Whilst the council subsequently provided the complainant with some information, it refused to comply with the remaining parts of the request, citing the exemption at section 12 (cost limits) of FOIA. During the Commissioner’s investigation, the council revised its position. It provided the complainant with some additional information, and said that the remaining information was exempt from disclosure under section 40(2) (personal information), and section 42(2) (legal professional privilege), of FOIA. The complainant did not contest the council’s decision to withhold information under section 40(2). The  Commissioner is satisfied that FOIA is the correct access regime, and that the council is entitled to rely on the exemption at section 42 of FOIA to withhold the information it identified as being subject to legal professional privilege. The Commissioner is also satisfied that, aside from that information withheld under section 40 and section 42, on the balance of probabilities, the council has provided the complainant with all of the information it holds that is relevant to the request. The Commissioner has, however, found that the council applied the extension provided by section 10(3) inappropriately in this case. By doing so, the Commissioner has determined that the council has breached section 10(1), and section 17 of FOIA, as it failed to provide information to the complainant, and also issue a refusal notice, within the statutory time periods.