Rotherham Metropolitan Borough Council

The complainant requested information held by Rotherham Metropolitan Borough Council (the council) about its investigation into an alleged encroachment onto public land. The council refused the request, citing section 42 (legal professional privilege) of the Freedom of Information Act 2000 (FOIA). During the Commissioner’s investigation, the council also referred to the exemptions at sections 40 (personal information) and 36 (effective conduct of public affairs). The council later advised that it considered the EIR was the correct access regime, and was withholding all information under the exceptions at regulation 12(5)(b) (course of justice) and regulation 13 (personal information). The Commissioner’s decision is that the EIR is the correct access regime, and that the council is entitled to withhold all of the requested information under regulation 12(5)(b) of the EIR. However, the Commissioner has determined that the council breached regulations 14(2) and 14(3) of the EIR by failing to issue a refusal notice within 20 working days and by failing to handle the request under the EIR from the outset.