Decision notice FS50465963

The complainant requested legal advice obtained by Brighton and Hove City Council (“the council”). The council withheld the information on the basis that it was covered by legal professional privilege and was therefore either exempt under section 42(1) of the Freedom of Information Act 2000 (“the FOIA”) or excepted under regulation 12(5)(b) of the Environmental Information Regulations 2004 (“the EIR”). The Commissioner’s decision is that the council correctly withheld the information using regulation 12(5)(b). The Commissioner does not require any steps to be taken.